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ENVIROTECH CORP. v. BETHLEHEM STEEL CORP.

No. 84, Docket 83-7331.

729 F.2d 70 (1984)

ENVIROTECH CORPORATION and Chemico Air Pollution Control Corp., Plaintiffs-Appellees, v. BETHLEHEM STEEL CORPORATION, Defendant-Appellant, and Envirotech Corporation, Defendant on Counterclaim-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 17, 1984.

Attorney(s) appearing for the Case

Richard J. McCarthy, New York City (Gaston, Snow, Beekman & Bogue, New York City, Theodore E. Dinsmoor, Stephen Y. Chow, Richard E. Nathan, Gaston, Snow & Ely Bartlett, Boston, Mass., of counsel), for plaintiffs-appellees.

James H. Reidy, New York City (Hynes, Diamond & Reidy, P.C., New York City, Curtis H. Barnette, Howard A. Feldman, Bethlehem, Pa., of counsel), for defendant-appellant.

Before LUMBARD, OAKES and KEARSE, Circuit Judges.

LUMBARD, Circuit Judge:

Plaintiff-appellee Chemico Air Pollution Control Corporation (CAPC Corporation) brought a diversity suit in the Southern District, Robert W. Sweet, Judge, against Bethlehem Steel Corporation, a Delaware corporation, for breach of contract. Bethlehem counterclaimed against CAPC Corporation and its parent company, Envirotech Corporation, also a Delaware Corporation, for breach of contract arising out of the same transaction. When it was...

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