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M. BENDER & SON, INC. v. WEST 16TH STREET REALTY CORP.

No. 71-1152.

458 F.2d 1316 (1972)

M. BENDER & SON, INC., Plaintiff-Appellee, v. WEST 16TH STREET REALTY CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 1972.

Attorney(s) appearing for the Case

D. Reed Scism, Henry C. Ryder, Indianapolis, Ind., for West 16th Street Realty Corp.; Roberts & Ryder, Indianapolis, Ind., of counsel.

Wilson S. Stober, Daniel E. Johnson, Indianapolis, Ind., for plaintiff-appellee; Baker & Daniels, Indianapolis, Ind., of counsel.

Before SWYGERT, Chief Judge, SPRECHER, Circuit Judge, and CAMPBELL, Senior District Judge.

SPRECHER, Circuit Judge.

This diversity case1 questions the liability of the defendant corporation for the payment of construction work performed by the plaintiff corporation in the amount of $26,029.55 plus interest in connection with a shopping center owned and operated by the defendant corporation.

I

Defendant, West 16th Street Realty Corporation ("West 16th"), admitted that it was the owner of the improvements at...

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