After judgment appealed from was entered on April 16, 1973, the appellant, who already had started an action against the engineers, on May 5, 1973 joined the respondent in that action and pressed the same claims against the respondent as those involved in its demand for arbitration. The respondent filed an answer and served cross claims and a third-party complaint. The parties thereafter enagaged in disclosure and motion practice. Having continued with the prosecution of...
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