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CAN-TEX INDUSTRIES v. SAFECO INS. CO. OF AMERICA

Civ. A. No. 78-1004.

460 F.Supp. 1022 (1978)

CAN-TEX INDUSTRIES, a division of Harsco Corporation, Plaintiff, v. SAFECO INSURANCE COMPANY OF AMERICA, General Insurance Company of America, Defendants.

United States District Court, W. D. Pennsylvania.

November 8, 1978.

Attorney(s) appearing for the Case

Clarence A. Crumrine, McCreight, Marriner & McCreight, Washington, Pa., for plaintiff.

Michael D. McDowell, Plowman & Spiegel, Pittsburgh, Pa., for defendants.

OPINION

SNYDER, District Judge.

Sureties on a construction contract file a Motion for Partial Judgment On The Pleadings under Rule 12(c) Fed.R.Civ.P.1 and seek a determination that finance charges and attorney's fees claimed by a creditor of the general contractor-principal are not recoverable under their bond. The bond was executed in accordance with the requirement of the Public Works Contractors Bond Law of 1967, 8 P.S. &...

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