J. A. JONES CONST. CO. v. CITY OF DOVER


372 A.2d 540 (1977)

J. A. JONES CONSTRUCTION COMPANY et al., Plaintiffs, v. CITY OF DOVER, a Municipal Corporation of the State of Delaware, Defendant-Third-Party Plaintiff, v. GENERAL ELECTRIC COMPANY, a New York Corporation, and Westinghouse Electric Corporation, a Pennsylvania Corporation, et al., Third-Party Defendants. CHAS. E. BROHAWN & BROS., INC., a Maryland Corporation, Third-Party Defendant-Fourth-Party Plaintiff, v. GEORGE CONCRETE CO., a Delaware Corporation, Fourth-Party Defendant.

Superior Court of Delaware, New Castle.

Final Submission January 24, 1977.

Decided February 28, 1977.


Attorney(s) appearing for the Case

Walter L. Pepperman, II, of Morris, Nichols, Arsht & Tunnell, Wilmington, and C. Richard Rayburn, Jr. of Fleming, Robinson & Bradshaw, Charlotte, N. C., of counsel, for plaintiff.

Nicholas H. Rodriguez, of Schmittinger & Rodriguez, Dover, for defendant and third party plaintiff City of Dover.

Stuart B. Young, of Young, Conaway, Stargatt & Taylor, Wilmington, for third party defendants General Elec. Co. and Federal Ins. Co.

Edward R. McNamara, of Brown, Shiels & Barros, Dover, for third party defendants Fischer & Porter of Warminister, Pa., and United Pacific Ins.

John R. Bowman, of Connolly, Bove & Lodge, Wilmington, for third party defendant Riley-Stoker Corp.

Stephen E. Herrmann, of Richards, Layton & Finger, Wilmington, for third party defendant Westinghouse Elec. Corp.

James W. Semple, of Flanzer & Isaacs, Wilmington, for third party defendant Laramore, Douglass & Popham of New York, Inc.

Daniel F. Wolcott, Jr., of Potter, Anderson & Corroon, Wilmington, for third party defendant Employers Commercial Union Ins. Co. and third party defendant, fourth party plaintiff Chas. E. Brohawn & Bros., Inc.

N. Maxson Terry, Jr., of Terry, Terry & Jackson, Dover, attorney for fourth party defendant George Concrete Co.

Henry J. Ridgely, of Ridgely & Ridgely, Dover, for third party defendant Frank Elec. Corp.


TAYLOR, Judge.

MOTION OF CITY OF DOVER FOR SUMMARY JUDGMENT

Plaintiff, J. A. Jones Construction Company, successor to Livsey & Company, Inc., and J. A. Jones Construction Company [Jones],1 and defendant, City of Dover [Dover] contracted for Jones to install certain equipment and render services in connection with the expansion of Dover's electric generating plant for a contract price...

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