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LEVINSON STEEL CO. v. SCHIAVONE CONST. CO., INC.

No. 85 Civ. 4846 (RLC).

637 F.Supp. 164 (1986)

The LEVINSON STEEL COMPANY, Plaintiff, v. SCHIAVONE CONSTRUCTION COMPANY, INC./EDWARD B. FITZPATRICK JR. ASSOCIATES, INC., a Joint Venture, Defendant.

United States District Court, S.D. New York.

June 23, 1986.

Attorney(s) appearing for the Case

Berman, Paley, Goldstein, Berman, New York City, for plaintiff; Samuel R. Dolgow, of counsel.

Buckley, Treacy, Schaffel, Mackey & Abbate, New York City, for defendant; Eugene Schaffel, Gary J. Mueller, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

The Levinson Steel Co. ("Levinson"), a Pennsylvania corporation, sues defendant Schiavone Construction Co., Inc./Edward B. Fitzpatrick Associates, Inc. ("Schiavone"), a joint venture of New York and New Jersey corporations, for breach of contract. In turn, Schiavone counterclaims against the plaintiff for breach of the same contract. Schiavone now moves for a dismissal of the complaint on the ground that it is barred...

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