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S. J. GROVES & SONS CO. v. WARNER CO.

No. 77-1802.

576 F.2d 524 (1978)

S. J. GROVES & SONS COMPANY, Appellant, v. WARNER COMPANY.

United States Court of Appeals, Third Circuit.

Decided April 17, 1978.

Attorney(s) appearing for the Case

Edward W. Madeira, Jr., Stephen S. Phillips, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellant.

Edward F. Mannino, Thomas A. Leonard, III, Lawrence D. Berger, Karen Marek McAlinn, Philadelphia, Pa., for appellee; Dilworth, Paxson, Kalish, Levy & Kauffman, Philadelphia, Pa., of counsel.

Before ALDISERT, VAN DUSEN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

A contract for the concrete work on a bridge being constructed over the Schuylkill River in Southwest Philadelphia resulted in heavy losses for appellant S.J. Groves & Sons Company. Alleging that much of its loss was caused by the performance of its subcontractor who supplied ready-mixed concrete, Groves filed suit against Warner in the district court. At trial, however, efforts to recoup a substantial portion...

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