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DUKE & COMPANY INC. v. FOERSTER

No. 74-2047.

521 F.2d 1277 (1975)

DUKE & COMPANY INC., a corporation, Appellant, v. Thomas J. FOERSTER, Individually and as Commissioners of the County of Allegheny, et al.

United States Court of Appeals, Third Circuit.

Decided August 5, 1975.

Attorney(s) appearing for the Case

Howard A. Specter, Edward C. Smith, Harry J. Gruener, Litman, Litman, Harris & Specter, Pittsburgh, Pa., for appellant.

Stephen A. Zappala, County Sol., Wm. R. Caroselli, Asst. County Sol., Pittsburgh, Pa., for appellee, County Stadium.

James R. Duffy, Dennis L. Veraldi, Ruffin, Hazlett, Perry & Lonergan, Pittsburgh, Pa., for appellee, Public Auditorium Authority of Pitts. and Allegheny County.

David J. Armstrong, Charles W. Kenrick, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for appellee, Stadium Authority of the City of Pittsburgh.

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

OPINION OF THE COURT

SEITZ, Chief Judge.

The complaint by Duke & Company, Inc. names seven defendants: three municipal corporations,1 three private corporations,2 and one individual,3 named both in his official capacity as elected Commissioner of Allegheny County and as a private person. The district court granted a motion to dismiss the complaint as to the three municipal...

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