WESTINGHOUSE ELEC. SUPPLY v. FID. & DEP. CO. OF MD.

No. 76-1380.

560 F.2d 1109 (1977)

WESTINGHOUSE ELECTRIC SUPPLY COMPANY, a division of Westinghouse Electric Company, assignee of the claim of Joseph Zangrilli & Sons, Inc., Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND and Andrichyn & Schnabel, Inc.

United States Court of Appeals, Third Circuit.

Decided June 6, 1977.


Attorney(s) appearing for the Case

Melvin Lashner, Adelman & Lavine, Philadelphia, Pa., for appellant.

Arthur Lefkoe, Wisler, Pearlstine, Talone, Craig & Garrity, Norristown, Pa., for appellees.

Before GIBBONS and GARTH, Circuit Judges, and COHEN, District Judge.


Submitted under Third Circuit Rule 12(6) January 10, 1977.

Submitted under Third Circuit Rule 12(6) Jan. 10, 1977.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal by Westinghouse Electric Supply Co. (Westinghouse), the assignee of a subcontractor, questions the validity of two setoffs claimed by the general contractor and allowed by the district court in an action in which Westinghouse...

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