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CRAFTMARK HOMES, INC. v. NANTICOKE CONST CO.

No. 75-1200.

526 F.2d 790 (1975)

CRAFTMARK HOMES, INC. v. NANTICOKE CONSTRUCTION COMPANY. Appeal of FIRST PENNSYLVANIA BANK.

United States Court of Appeals, Third Circuit.

Decided December 1, 1975.

Attorney(s) appearing for the Case

Leonard J. Bucki, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellant.

Charles A. Shaffer, Flanagan, Doran, Biscontini & Shaffer, Wilkes-Barre, Pa., for appellee.

Before SEITZ, Chief Judge, and ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

First Pennsylvania Bank ("Bank") appeals from a judgment in the amount of $56,074 entered against it and in favor of Craftmark Homes, Inc., ("Craftmark") on the Bank's guarantee of payments due Craftmark under a construction contract. We conclude that the district judge interpreted the contract erroneously and reverse.

This diversity action has its origins in a construction contract entered into between...

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