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SPENCER, WHITE & PRENTIS INC. OF CONN. v. PFIZER INC.

No. 839, Docket 73-2810.

498 F.2d 358 (1974)

SPENCER, WHITE & PRENTIS INCORPORATED OF CONNECTICUT, Plaintiff-Appellee, v. PFIZER INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 3, 1974.

Attorney(s) appearing for the Case

Edward L. Sadowsky, New York City, with whom Tenzer, Greenblatt, Fallon & Kaplan, New York City, were on the brief, for appellant.

Richard H. Tunstead, New York City, with whom Tunstead & Schnechter, New York City, were on the brief, for appellee.

Before HAYS and OAKES, Circuit Judges, and CHRISTENSEN, Senior District Judge.

CHRISTENSEN, Senior District Judge:

This is an appeal from a summary judgment entered by the district court in favor of a contractor for the balance on a construction agreement. The stated ground was that the owner's counterclaims for damages suffered in the execution of the work by the contractor constituted "the only defense asserted by the defendants" but that such defense was without merit. As a part of the same order, the district court had "severed" plaintiff...

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