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HIMES v. CAMERON COUNTY CONST. CORP.

289 Pa.Super. 143 (1981)

432 A.2d 1092

Cloyd HIMES, Al's Tire Service, Allegheny Foundary Company, Cambria Slag Division of the Standard Slag Company, Emporium Trust Company, New Enterprise Stone and Lime Company, Patton Lumber and Supply, Pennsylvania Electric Company, United Survey Company, and Warren Concrete Products v. CAMERON COUNTY CONSTRUCTION CORPORATION v. CARROLLTOWN BOROUGH MUNICIPAL AUTHORITY. Appeal of EMPORIUM TRUST COMPANY.

Superior Court of Pennsylvania.

Filed July 24, 1981.

Petition for Allowance of Appeal Granted September 2, 1981.

Attorney(s) appearing for the Case

Judith Fellheimer, Philadelphia, for appellant.

Daniel Krause, Pittsburgh, for Himes, New Enterprise, Stone and Lime and Patton Lumber, appellees.

E.J. Strassburger, Pittsburgh, did not file a brief on behalf of Allegheny Foundary, appellee.

Sanford Anderson, Pittsburgh, for Cambria Slag, appellee.

Gary C. Horner, Johnstown, did not file a brief on behalf of Pennsylvania Electric, United Survey and Warren Concrete, appellees.

E.W. Tompkins, II, Emporium, did not file a brief on behalf of Cameron County Construction, appellee.

Thomas A. Swope, Jr., Ebensburg, did not file a brief on behalf of Carrolltown, appellee.

Before CERCONE, President Judge, and MONTGOMERY and LIPEZ, JJ.

MONTGOMERY, Judge:

The appeal in this case arises from an interpleader action instituted by the Carrolltown Borough Municipal Authority (hereinafter referred to as the "Authority"), as a result of a public works project. The work on the project was done by the Cameron County Construction Corporation (hereinafter referred to as "Contractor"). Pursuant to its contract1 with the Contractor, the Authority withheld 10% of the agreed contract...

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