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LOUIS M. McMASTER, INC. v. PENNSBURY VILLAGE COMPANY

No. 71-1347.

460 F.2d 520 (1972)

LOUIS M. McMASTER, INC., Appellant, v. PENNSBURY VILLAGE COMPANY and Klingbeil Company, a/k/a Klingbeil, Haddox & Company.

United States Court of Appeals, Third Circuit.

Decided May 5, 1972.

Attorney(s) appearing for the Case

Kim Darragh, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for appellant.

Bruce G. Lynn, Porter, Stanley, Treffinger & Platt, Columbus, Ohio, for appellee.

Before SEITZ, Chief Judge, and ADAMS and HUNTER, Circuit Judges.

Submitted under Third Circuit Rule 12(6) March 23, 1972.

OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiff Louis M. McMaster, Inc., agreed in writing with defendant Pennsbury Village Company ("Pennsbury") as owner and defendant Klingbeil Company ("Klingbeil") as agent to perform all necessary grading with regard to defendants' proposed Pennsbury Village project. Plaintiff was to provide all machinery for the job and to employ qualified operators...

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