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SPANG INDUS., INC., FT. PITT BRIDGE DIV. v. AETNA C. & S. CO.

No. 193, Docket 74-1232.

512 F.2d 365 (1975)

SPANG INDUSTRIES, INC., FORT PITT BRIDGE DIVISION, a corporation, Plaintiff-Appellant, v. The AETNA CASUALTY AND SURETY CO., a corporation, Defendant-Appellee. TORRINGTON CONSTRUCTION CO., INC., Plaintiff-Appellee, v. SPANG INDUSTRIES, INC., FORT PITT BRIDGE DIVISION, a corporation, Defendant-Third-Party Plaintiff-Appellant, v. SYRACUSE RIGGING CO., INC., Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided February 26, 1975.

Attorney(s) appearing for the Case

William T. Marsh, Butler, Pa. (McNamee, Lochner, Titus & Williams, Albany, N. Y., Earl H. Gallup, Jr., Albany, N. Y., on the brief), for plaintiff-appellant.

Homer E. Peters, Albany, N. Y. (McClung, Peters & Simon, Albany, N. Y., Livingston T. Coulter, Albany, N. Y., of counsel), for defendants-appellees.

Before WATERMAN, HAYS and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

Torrington Construction Co., Inc. (Torrington), a Connecticut corporation, was the successful bidder with the New York State Department of Transportation for a highway reconstruction contract covering 4.47 miles of road in Washington County, New York. Before submitting its bid, Torrington received an oral quotation from Spang Industries, Inc., Fort Pitt Bridge Division (Fort Pitt), a Pennsylvania corporation, for the fabrication, furnishing...

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