SHORE BLOCK CORP. v. LAKEVIEW APARTMENTS

No. 16155.

377 F.2d 835 (1967)

SHORE BLOCK CORP., Appellant, v. LAKEVIEW APARTMENTS, a partnership composed of William H. Perlman and Beryl N. Perlman, partners, the Donrich Corporation, a corporation of the State of New York authorized to do business in the State of New Jersey, Douglas T. Construction Company, Inc., a corporation of New Jersey, United States of America, and Louis M. Drazin, Receiver of Douglas T. Construction Company, Inc. and United States of America, Intervenor.

United States Court of Appeals Third Circuit.

Decided May 18, 1967.


Attorney(s) appearing for the Case

Louis P. Introcaso, Asbury Park, N. J. (Novogrod & Sugarman, Asbury Park, N. J., Attorneys for Plaintiff-Appellant, on the brief), for appellant.

Alan J. Pogarsky, Toms River, N. J. (Robert Friedlander, Asbury Park, N. J., on the brief), for appellees, Louis M. Drazin and others.

Arthur L. Abrams, Newark, N. J., for appellee, Lakeview Apts. and The Donrich Corp.

Stuart A. Smith, Dept. of Justice, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, Mark S. Rothman, Attys., Dept. of Justice, Washington, D. C., Of Counsel: David M. Satz, Jr., U. S. Atty., on the brief), for intervenor, United States.

Before SMITH and SEITZ, Circuit Judges, and JOSEPH S. LORD, III, District Judge.


OPINION OF THE COURT

JOSEPH S. LORD, III, District Judge.

This action arises out of plaintiff Shore Block's attempt to enforce a "stop notice"1 against the defendant Lakeview Apartments ("Lakeview") for amounts owing to plaintiff on account of materials furnished to Douglas T. Construction Co. ("Douglas T."), a subcontractor working on the construction of an apartment building for the owner, Lakeview. The general contractor on...

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