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EMPIRE EXCAVATING CO. v. MARET DEVELOPMENT CORP.

Civ. A. No. 73-148.

370 F.Supp. 824 (1974)

EMPIRE EXCAVATING COMPANY v. MARET DEVELOPMENT CORPORATION et al.

United States District Court, W. D. Pennsylvania.

February 4, 1974.

Attorney(s) appearing for the Case

David L. McClenahan, Pittsburgh, Pa., for plaintiff.

Thomas H. Welsh, Pittsburgh, Pa., for defendants.

OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

KNOX, District Judge.

The question before the court is whether a foreign business corporation may enforce its contractual claims for work performed in Pennsylvania, even though the foreign corporation did not obtain a Certificate of Authority to transact business within the Commonwealth pursuant to 15 Purdon's Pa.Stat. § 2001 until after the work was completed and suit begun.

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