TRAVELERS INDEM. CO. v. REXNORD, INC.

No. 1166 C.D. 1977.

37 Pa.Commw. 20 (1978)

Travelers Indemnity Company, Appellant v. Rexnord, Inc., Appellee.

Commonwealth Court of Pennsylvania.

July 26, 1978.


Attorney(s) appearing for the Case

Frank J. Kernan, with him Plowman and Spiegel, for appellant.

Gary P. Caruso, with him Shire, Bergstein & Caruso, for appellee.

Argued May 4, 1978, before Judges MENCER, ROGERS and DiSALLE, sitting as a panel of three.


OPINION BY JUDGE DiSALLE, July 26, 1978:

On January 15, 1975, Rexnord, Inc. (Rexnord), a supplier of materials for use in the construction of a sewage treatment plant for the Mid-Mon Valley Water Pollution Control Authority, filed this action in assumpsit against Travelers Indemnity Company (Travelers), surety on the labor and materialmen's payment bond. The case was consolidated for trial with an earlier action brought by Rexnord against N. Victoria, Inc. (Victoria...

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