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CLUETT, PEABODY & CO. v. CAMPBELL, REA, HAYES

Civ. No. 74-803.

492 F.Supp. 67 (1980)

CLUETT, PEABODY & CO., INC. v. CAMPBELL, REA, HAYES & LARGE, C. F. King, Inc., and Long-Service Co., Inc. LONG-SERVICE CO., INC. v. CERTAIN-TEED PRODUCTS CORP., National Surety Corp., Owens-Corning Fiberglas Corp., Lexsuco, Inc. and John J. Albarano, d/b/a Penn State Construction.

United States District Court, M. D. Pennsylvania.

January 31, 1980.

Attorney(s) appearing for the Case

Joseph W. Swain, Jr., Philadelphia, Pa., for plaintiff.

Edward E. Knauss, III, Edward E. Knauss, IV, Harrisburg, Pa., Carl Rice, Sunbury, Pa., John C. Youngman, Williamsport, Pa., Jack R. Ream, Wentworth D. Vedder, Robert J. Brown, Kain, Brown & Roberts, John C. Uhler, York, Pa., James K. Thomas, W. E. Shissler & David C. Eaton, Harrisburg, Pa., John Albarano, Williamsport, Pa., for defendants.

MEMORANDUM AND ORDER

NEALON, Chief Judge.

This matter comes before the court on defendants' summary judgment motions. Plaintiff, Cluett, Peabody & Co., Inc. (Cluett), seeks the cost of replacing the roof on a warehouse that it had formerly leased. Defendants, the architect, general contractor and roofing contractor involved in building the warehouse, contend (a) that the applicable statute of limitations bars this suit, and (b) that the real party in...

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