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C.M. EICHENLAUB CO. v. FIDELITY & DEP. CO.

293 Pa.Super. 11 (1981)

437 A.2d 965

C.M. EICHENLAUB COMPANY, INC., Appellant, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, and Cocivera Construction Company, Inc., v. Salvatore and Mary COCIVERA, his wife.

Superior Court of Pennsylvania.

Filed November 30, 1981.

Attorney(s) appearing for the Case

Theodore E. Breault, Pittsburgh, for appellant.

Michael J. Kearney, Jr., Pittsburgh, for appellees.

Before CERCONE, President Judge and BROSKY and HOFFMAN, JJ.

CERCONE, President Judge:

Appellant, C.M. Eichenlaub Company, Inc., a subcontractor, brought an action in assumpsit on July 10, 1979, against the general contractor, Cocivera Construction Company, and against Fidelity & Deposit Company of Maryland, the surety, seeking payment for labor and materials supplied pursuant to its subcontract agreement with the general contractor. Under the subcontract agreement,...

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