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WINGATE CONST. CO. v. SCHWEIZER DIPPLE, INC.

419 Pa. 74 (1965)

Wingate Construction Company, Appellant, v. Schweizer Dipple, Inc.

Supreme Court of Pennsylvania.

September 29, 1965.

Attorney(s) appearing for the Case

Robert P. Garbarino, with him Crumlish and Kania, for appellant.

Goncer M. Krestal, with him Robert F. Longano, and Blank, Rudenko, Klaus & Rome, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE O'BRIEN, September 29, 1965:

The United States Navy engaged North American Aviation, Inc., to construct a thermodynamics laboratory in Columbus, Ohio. North American then contracted with Wingate Construction Company, the appellant herein, to act as a subcontractor. Wingate, in turn, contracted with Schweizer Dipple, Inc., the appellee herein, to perform a part of the subcontractor's work.

During the course of the contract between Wingate...

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