COAKLEY & BOOTH, INC. v. BALTIMORE CONTRACTORS, INC.

No. 15, Docket 30403.

367 F.2d 151 (1966)

COAKLEY & BOOTH, INC., Plaintiff-Appellee, v. BALTIMORE CONTRACTORS, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided September 27, 1966.


Attorney(s) appearing for the Case

William D. Powers, Leslie A. Hynes, New York City, for plaintiff-appellee.

Herbert Rubin, New York City, Robert D. Wallick, Washington, D. C., Walter Herzfeld, David M. Madway, Herzfeld & Rubin, New York City, Steptoe & Johnson, Washington, D. C., for defendant-appellant.

Before WATERMAN, MOORE an ANDERSON, Circuit Judges.


WATERMAN, Circuit Judge:

Appellant contracted with the Government to construct certain underground garages in Washington, D. C. and on the same day subcontracted certain of the excavation, bracing and shoring work, required to perform its government contract, to respondent. Some seven months later appellant terminated its subcontracting contract with respondent. Respondent then commenced an action in the State of New York Supreme Court alleging that appellant had...

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