FRELIN CONSTRUCTION COMPANY v. YUNDT

Nos. 17722, 17723.

417 F.2d 312 (1969)

FRELIN CONSTRUCTION COMPANY, a Corporation, and Charles Weissman and Bernard Weissman, Individually, and as partners t/a Frelin Construction Company v. George E. YUNDT, Frelin Construction Company, a Corporation, Appellant. FRELIN CONSTRUCTION COMPANY, a Corporation, and Charles Weissman and Bernard Weissman, Individually, and as partners t/a Frelin Construction Company v. George E. YUNDT, Charles Weissman and Bernard Weissman, Individually, and as partners t/a Frelin Construction Company, Appellants.

United States Court of Appeals Third Circuit.

Decided November 5, 1969.

As Amended December 9, 1969.


Attorney(s) appearing for the Case

Gerald P. Roth, Allentown, Pa., for appellants.

Harold Cramer, Mesirov, Gelman, Jaffe & Levin, Philadelphia, Pa. (Henry A. Stein, Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and McLAUGHLIN and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.*

This appeal has been taken from the dismissal with prejudice of a fourth amended complaint for failure to state a cause of action upon which relief could be granted.

The claim is contractual. We agree with the district court that the appellant failed, after ample opportunity to amend his complaint, adequately to allege facts which would make the appellee either an original party to the...

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