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BUTLER TP. AREA WATER & SEWER v. SALVATORE

Civ. A. No. 78-1149-A.

467 F.Supp. 1100 (1979)

BUTLER TOWNSHIP AREA WATER & SEWER AUTHORITY, Plaintiff, v. Frank SALVATORE, Defendant.

United States District Court, W. D. Pennsylvania.

April 3, 1979.

Attorney(s) appearing for the Case

Leo M. Stepanian, Butler, Pa., John E. Lyncheski and James H. McConomy, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for plaintiff.

John E. Beard, III, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., Thompson, Hine & Flory, Cleveland, Ohio, for defendant.

MEMORANDUM OPINION

WEBER, Chief Judge.

This action arises out of a provision in a construction contract which reads as follows:

Supplemental General Condition (S.G.C.) 55 DEFENSE COSTS — The Owner and the Contractor agree that in the event either of them institutes a lawsuit against the other under this Contract, the plaintiff in such lawsuit shall pay to the defendant a portion of the defense costs, including investigations...

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