MARCELLETTI & SON CONST. CO. v. MILLCREEK TP. SEWER AUTH.

Civ. A. No. 31-67 Erie, Misc. No. 56 Erie (Execution).

313 F.Supp. 920 (1970)

The MARCELLETTI & SON CONSTRUCTION CO., Inc., Plaintiff, v. MILLCREEK TOWNSHIP SEWER AUTHORITY, Defendant, v. CONTINENTAL CASUALTY COMPANY, Defendant on Counterclaim, v. CONSOER, TOWNSEND AND ASSOCIATES, Third-Party Defendants. The MARCELLETTI & SON CONSTRUCTION CO., Inc., Plaintiff, v. CONSOER, TOWNSEND AND ASSOCIATES, Third-Party Defendants.

United States District Court, W. D. Pennsylvania.

May 21, 1970.


Attorney(s) appearing for the Case

Irving O. Murphy, Erie, Pa., William D. Ginn, Joseph S. Ruggie, Jr., Cleveland, Ohio, for plaintiffs Marcelletti.

John J. Dailey, Erie, Pa., John R. McConnell, Philadelphia, Pa., for Millcreek Township Sewer Authority.

John G. Gent, Erie, Pa., for Continental Casualty Co.

John M. McLaughlin, Erie, Pa., for Consoer, Townsend and Associates.

Berkman, Ruslander, Pohl, Lieber & Engel, Pittsburgh, Pa., Charles I. Thompson, Jr., Philadelphia, Pa., McClure & Miller, Robert N. Spaeder, Erie, Pa., for intervenors.


OPINION

GERALD J. WEBER, District Judge.

In this case arising out of a sewer construction contract and its termination plaintiff contractor recovered a verdict of $2,900,385.30 and $100,000 jointly against Defendants Millcreek Township Sewer Authority and Consoer, Townsend and Associates, and $254,367.04 against Defendant Millcreek Township Sewer Authority alone. The $254,367.04 represents moneys due plaintiff under the contract, most of which Defendant...

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