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DRAVO CORP. v. ROBERT B. KERRIS, INC.

Nos. 80-2255, 80-2256.

655 F.2d 503 (1981)

DRAVO CORPORATION, Appellant in 80-2255, v. ROBERT B. KERRIS, INC.; Martin Mechanical Corporation; Joseph L. Muscarelle, Inc.; and Ideal Toy Corporation; Hollis Urban Renewal Corp., and the American Insurance Company, and Philip W. Balsam, Individually. Jos. L. Muscarelle, Inc., and the American Insurance Company, Appellants in 80-2256.

United States Court of Appeals, Third Circuit.

Decided July 21, 1981.

Rehearing Denied October 19, 1981.

Attorney(s) appearing for the Case

Richard L. Plotkin (argued), Pitney, Hardin & Kipp, Morristown, N. J., for Dravo Corp.

Gerard E. Fitzpatrick (argued), Goetz & Fitzpatrick, P. C., New York City, for Jos. L. Muscarelle, Inc. and The American Insurance Co.

H. Neil Broder (argued), Michael L. Ostrowsky, Brach, Eichler, Rosenberg, Silver, Bernstein & Hammer, PA, East Orange, N. J., for Martin Mechanical Corp.

Before HUNTER, SLOVITER and WISDOM, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

Appellants, Joseph L. Muscarelle, Inc. ("Muscarelle") and American Insurance Company ("American"), appeal from a judgment of the district court of New Jersey awarding appellee, Dravo Corporation ("Dravo"), $227,461.93 plus interest. The appellants contend that Dravo is not entitled to the judgment because it did not comply with the terms of the bond upon which the court's award was based. The appellants...

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