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FAIRVIEW PARK EXCAV. CO. v. AL MONZO CONST.

No. 76-2146.

560 F.2d 1122 (1977)

FAIRVIEW PARK EXCAVATING CO., INC. v. AL MONZO CONSTRUCTION COMPANY, INC., and Maryland Casualty Company, Appellants, and Robinson Township Municipal Authority. FAIRVIEW PARK EXCAVATING CO., INC. v. AL MONZO CONSTRUCTION COMPANY, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Stanley W. Greenfield, Greenfield & Minsky, Pittsburgh, Pa., for appellants, Al Monzo Const. Co., Inc. and Maryland Cas. Co.

Gerald S. Lesher, Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, Pittsburgh, Pa., for appellee, Fairview Park Excavating Co., Inc.

Leo J. Kelly, Ernest L. Butya, Pittsburgh, Pa., for appellee, Robinson Township Municipal Authority.

Before VAN DUSEN, GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal initially presented a jurisdictional question arising out of an action brought by the plaintiff subcontractor (Fairview) against its general contractor (Monzo) and a Pennsylvania municipal authority (Robinson Township) for which the construction work in issue was being performed.1 After Fairview's claim against the Township had been dismissed on state law grounds, the district...

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