ERIE COUNTY WATER AUTH., ETC. v. HEN-GAR CONST.

No. Civ-78-463.

473 F.Supp. 1310 (1979)

ERIE COUNTY WATER AUTHORITY to the Use and Benefit of PRICE BROTHERS COMPANY, DAYTON, OHIO, Plaintiff, v. HEN-GAR CONSTRUCTION CORPORATION and Aetna Casualty & Surety Company, Defendants.

United States District Court, W. D. New York.

August 6, 1979.


Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, New York (Michael A. Brady, Buffalo, N. Y., of counsel), for plaintiff.

Birzon, Zakia & Rosa, Buffalo, N. Y. (Nelson F. Zakia, Buffalo, N. Y., of counsel), for defendants.


CURTIN, Chief Judge.

The designated plaintiff, Price Brothers Company ["Price Brothers"], instituted this contract action on August 2, 1978. Plaintiff alleges in its complaint that it entered into a contract with the Hen-Gar Construction Corporation ["Hen-Gar"] for the sale of pipe to Hen-Gar and that the defendant Hen-Gar has failed to pay $86,178.31 remaining on the purchase price of the pipe and $11,846.09 in accumulated service charges. Plaintiff also alleges...

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