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WALLER v. J. E. BRENNEMAN COMPANY

307 A.2d 550 (1973)

Paul J. WALLER and Mary Ann Waller, his wife, Plaintiffs, v. J. E. BRENNEMAN COMPANY, a Pennsylvania corporation, and John H. Eby, Sr., Defendants. J.E. BRENNEMAN COMPANY, a Pennsylvania corporation, Defendant and Third-Party Plaintiff, v. G & H STEEL SERVICE, INC., a foreign corporation, Third-Party Defendant.

Superior Court of Delaware, New Castle.

June 11, 1973.

Attorney(s) appearing for the Case

James P. D'Angelo and William H. Bennethum, Wilmington, for plaintiffs.

Alfred M. Isaacs of Flanzer & Isaacs, Wilmington, for defendant and third-party plaintiff.

James T. McKinstry of Richards, Layton & Finger, Wilmington, for third-party defendant.

STIFTEL, President Judge.

Motion by the third-party defendant, G & H Steel Service, Inc. ("G & H") to dismiss the third party complaint of J. E. Brenneman Company ("Brenneman") for failure to state a claim.

The third-party action arises from the following factual situation. Brenneman, the general contractor on a repair project involving the St. George's Bridge in Delaware, entered into a subcontract with G & H on August 31, 1971. Plaintiff Paul...

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