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JOS. L. MUSCARELLE, INC. v. CENTRAL IRON MFG. CO.

No. 16306.

379 F.2d 715 (1967)

JOS. L. MUSCARELLE, INC., Plaintiff. v. CENTRAL IRON MFG. CO., the Trybee Company, William DiMayo, Revenue Officer of the Internal Revenue Service, Albert Pipe Supply Company, Inc., Charles F. Guyon, Inc., R. E. Disch, Inc., Roberts & Wiese, A. & J. Friedman Supply Co., Inc., Contractors Supply Corp., Carlone Construction Company, Joseph T. Ryerson & Son, Inc., and Jobbers Credit Assoc., Inc., Trustee in Bankruptcy of Arthur E. Magher Co., Inc., Defendants. The TRYBEE COMPANY, Inc. and Contractors Supply Corp., Third-Party Plaintiff, v. WESTERN ELECTRIC COMPANY, Inc., Third-Party Defendant, and United States of America, Intervenor, Carlone Construction Co., Third-Party Plaintiff, Appellant.

United States Court of Appeals Third Circuit.

Decided June 28, 1967.

Attorney(s) appearing for the Case

Merritt T. Viscardi, Newark, N. J. (Apruzzese & McDermott, Vincent J. Apruzzese, Newark, N. J., on the brief), for appellant.

James A. Major, II, Hackensack, N. J. (Major & Major, Hackensack, N. J., on the brief), for appellee.

Before STALEY, Chief Judge, and BIGGS and HASTIE, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

The matter in controversy here is a claim under the New Jersey Mechanic's Lien Law against a property owner, Western Electric Co., by Carlone Construction Co., which had furnished labor and materials for a construction project that Western Electric had undertaken through a general contractor and various subcontractors. Carlone had dealt with a subcontractor who became bankrupt. Admittedly, the sum owed to Carlone...

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