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HIMES v. CAMERON COUNTY CONST. CORP.

497 Pa. 637 (1982)

444 A.2d 98

Cloyd HIMES and Al's Tire Service, Allegheny Foundry 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, Warren Concrete Products v. CAMERON COUNTY CONSTRUCTION CORPORATION and Carrolltown Borough Municipal Authority. Appeal of EMPORIUM BANK & TRUST COMPANY.

Supreme Court of Pennsylvania.

Decided April 21, 1982.

Attorney(s) appearing for the Case

Judith Eichen Fellheimer, Gary P. Lightman, Fellheimer, Eichen & Goodman, Philadelphia, for appellants.

Edwin J. Strassburger, Strassburger & McKenna, Pittsburgh, for Allegheny Foundry Co.

I. Samuel Kaminsky, Johnstown, for Cambria Slag Division of the Standard Slag Co.

Gary Horner, Johnstown, for Pa. Elec. Co.

Edwin W. Tompkins, II, Emporium, for Cameron County Const.

Thomas A. Swope, Jr., Ebensburg, for Carrolltown Borough Municipal Authority.

Sanford M. Aderson, Aderson, Frank & Steiner, Daniel Krause, Pittsburgh, for Cloyd Himes, et al.

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

OPINION OF THE COURT

ROBERTS, Justice.

Cameron County Construction Corporation (Cameron) entered into a contract with the Carrolltown Borough Municipal Authority for the construction of sewers in the Borough of Carrolltown. The project was completed in November, 1974, but debts incurred by Cameron to appellant and appellees remain unpaid. Each of the parties seeks to satisfy its claims against Cameron from the unpaid...

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