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ARMOUR RENT., INC. et al. v. GEN. ST. AUTH.

Nos. 58 and 59 C.D. 1971.

2 Pa.Commw. 301 (1971)

Armour Rentals, Inc., Formigli Corp., H. Perilstein Glass Co., Patent Scaffolding Co., S.A. Lindstrom Co. v. General State Authority, the Department of Insurance and the Insurance Commissioner.

Commonwealth Court of Pennsylvania.

June 1, 1971.

Attorney(s) appearing for the Case

Kenneth M. Cushman, with him Robert F. Cushman, J. Anthony Messina, E. Parry Warner, Lewis S. Kunkel, Jr., and Pepper, Hamilton & Scheetz, for plaintiffs.

Frederic G. Antoun, Deputy Attorney General, with him Jack Mulhall, Assistant Attorney General, Robert A. Miller, Assistant Attorney General and J. Shane Creamer, Attorney General, for defendants The Department of Insurance and The Insurance Commissioner.

Richard D. Holahan, Assistant General Counsel, for defendant General State Authority.

Argued April 12, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE ROGERS, June 1, 1971:

The plaintiffs in these two lawsuits are business corporations who as subcontractors furnished work and materials in the construction of a field house and class-room building at West Chester State College. By reason of the financial collapse not only of the general contractor but of the surety on its bond, the plaintiffs have not been paid claims totalling approximately $81,000.

The three defendants are the Insurance...

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