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E. C. ERNST, INC. v. KOPPERS CO., INC.

Nos. 79-2184, 79-2290 and 79-2320.

626 F.2d 324 (1980)

E. C. ERNST, INC., Appellant in No. 79-2290, v. KOPPERS COMPANY, INC., Appellant in Nos. 79-2184, 79-2320.

United States Court of Appeals, Third Circuit.

Decided July 25, 1980.

Attorney(s) appearing for the Case

Arthur S. Friedman (argued), Peter F. Gass, Emanuel Kapelsohn, Friedman & Gass, New York City, Gerald S. Lesher, Baskin & Sears, Pittsburgh, Pa., for E. C. Ernst, Inc.

Harold R. Schmidt (argued), Edward C. Schmidt, Brian W. Asbaugh, Edward B. Wood, Karl Alexander, Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, Pittsburgh, Pa., Templeton Smith, Pittsburgh, Pa., for Koppers Co.

Before SEITZ, Chief Judge, and GARTH and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

The plaintiff, E. C. Ernst, Inc., and the defendant, Koppers Co., both appeal from a final judgment in this diversity case involving Pennsylvania law of construction contracts.

I.

In the late spring of 1973, the defendant entered into a contract with Jones & Laughlin Steel Corp. (J&L) under which the defendant was to act as general contractor for the construction of a coke battery at J&...

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