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SOUTHERN WOOD PRESERVING COMPANY v. WILLS

Civ. A. No. 70-121.

319 F.Supp. 1004 (1970)

SOUTHERN WOOD PRESERVING COMPANY, Plaintiff, v. Charles S. WILLS, doing business as C. S. Wills Contracting Company, and M S & R, Inc., Defendants.

United States District Court, W. D. Pennsylvania.

November 30, 1970.

Attorney(s) appearing for the Case

Gustave W. Wilde, Pittsburgh, Pa., for plaintiff.

Michael S. Fawcett, Pittsburgh, Pa., for defendants.

OPINION

ROSENBERG, District Judge.

This matter is before me on the motion of M S & R, Inc., (MSR) to dismiss the plaintiff's amended complaint pursuant to the provisions of Rule 12(b) (6) of the Federal Rules of Civil Procedure.1

On or about January 23, 1969 the defendant Charles S. Wills was engaged as a general contractor for the construction of a building for MSR....

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