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ELIZABETHTOWN v. SAVASTIO CONST.

No. 1360.

50 Pa. D. & C. 2d 526 (1970)

Elizabethtown Borough v. Savastio Construction, Inc. (No. 2))

Common Pleas Court of Dauphin County, Pennsylvania.

April 15, 1970.

Attorney(s) appearing for the Case

Edward W. Rothman, for plaintiff.

James W. Evans, for defendant.

BOWMAN, J., April 15, 1970.

This matter is before us on the motion of defendant, New Amsterdam Casualty Company, for summary judgment under Pa. R. C. P. 1035. This same defendant had previously sought a judgment on the pleadings which we denied: Elizabethtown Borough v. Savastio Construction, Inc., 44 D. & C. 2d 596, 89 Dauph. 27 (1968). In that opinion, we set forth the factual background, the provisions of the labor and materialmen's bond in question and the...

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