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WILLIARD, INC. v. POWERTHERM CORP.

497 Pa. 628 (1982)

444 A.2d 93

WILLIARD, INC., et al., Appellants, v. POWERTHERM CORPORATION, Consho Construction Co., et al.

Supreme Court of Pennsylvania.

Decided April 21, 1982.

Attorney(s) appearing for the Case

Nolan N. Atkinson, Jr., Philadelphia, for Whelan Mfg. Co.

Henry M. Irwin, Philadelphia, for Gerngross Corp.

Joseph H. Dougherty, Philadelphia, for J.B. Eurell Co., Inc.

Richard L. Eppinger, Philadelphia, for John B. Kelly, Inc.

David R. Rosenfeld, Philadelphia, for Suburban Enterprises-Terrazzo & Tile Co.

Marc J. Sonnenfeld, Morgan, Lewis & Bockius, Philadelphia, for appellants.

Paul J. Donnelly, S. Gordon Elkins, Philadelphia, for Powertherm Corp.

John F. Peoples, Media, for Consho Const. Co.

F. Warren Jacoby, Philadelphia, for Berger Acoustical Co.

Harry C. Liebman, Philadelphia, for Belfi Bros. & Co.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

Appellants are subcontractors of B. Bornstein & Son, Inc., who have not been fully paid for their services rendered in the construction of Bamberger's Department Store in Delaware County. Appellees are creditors of Bornstein whose present claims are unrelated to the Bamberger construction project. All parties seek to satisfy their claims against Bornstein from that portion of the Bamberger contract price which has...

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