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F.E. MYERS CO. v. PIPE MAINTENANCE SERVICES, INC.

Civ. A. No. 83-761-JLL.

599 F.Supp. 697 (1984)

F.E. MYERS COMPANY, A DIVISION OF McNEIL CORPORATION, and the State of Delaware for the use and benefit of F.E. Myers Company, Plaintiffs, v. PIPE MAINTENANCE SERVICES, INC., and Transamerica Insurance Company, Defendants.

United States District Court, D. Delaware.

December 6, 1984.

Attorney(s) appearing for the Case

Daniel F. Wolcott, Jr., of Potter, Anderson & Corroon, Wilmington, Del., for plaintiffs.

Thomas C. Crumplar of Jacobs & Crumplar, P.A., Wilmington, Del., and Nicholas Guarente, Media, Pa., of counsel, for defendants.

FINDINGS OF FACTS AND CONCLUSIONS OF LAW

LATCHUM, Senior District Judge.

This action arises out of an agreement involving the purchase and sale of equipment used in the construction of a sewage disposal system at Bellevue State Park ("Bellevue"), New Castle County, Wilmington, Delaware. F.E. Myers Company ("Myers") asserts in its complaint that Pipe Maintenance Services, Inc. ("PMS"), the general contractor responsible for installing the sewage collection...

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