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CERITANO BRICKWORK, INC. v. KIRKWOOD INDUS., INC.

276 A.2d 267 (1971)

CERITANO BRICKWORK, INC., a corporation of the Commonwealth of Pennsylvania, Plaintiff Below, Appellant, v. KIRKWOOD INDUSTRIES, INC., a corporation of the State of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

March 18, 1971.

Attorney(s) appearing for the Case

Jay H. Conner, Wilmington, for appellant.

Eduard F. von Wettberg, III, of Morris, James, Hitchens & Williams, Wilmington, for appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice:

This is an appeal from the grant of summary judgment and the denial of the claimant's motion to amend the complaint in a mechanic's lien action.

Appellant filed a complaint alleging that it furnished labor and materials for the construction of an apartment complex known as Town Court Apartments in the City of Newark. Appellee answered, setting up six affirmative defenses, three of which formed the basis upon which summary judgment was...

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