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ENGLERT v. CITY OF McKEESPORT

No. 88-3773.

872 F.2d 1144 (1989)

Thomas ENGLERT d/b/a Northeast Electrical Inspection Agency, Appellant, v. CITY OF McKEESPORT and Middle Department Inspection Agency.

United States Court of Appeals, Third Circuit.

Decided April 20, 1989.

Attorney(s) appearing for the Case

James P. Hollihan (argued), Manion McDonough & Lucas, P.C., Pittsburgh, Pa., for appellant.

John F. Cambest (argued), Dattilo, Barry, Fasulo & Cambest, Pittsburgh, Pa., for appellee, City of McKeesport.

P. Christian Hague (argued), Michael J. Boyle, and Ronald D. Morelli, Meyer, Unkovic & Scott, Pittsburgh, Pa., for appellee, Middle Dept. Inspection Agency.

Before MANSMANN, GREENBERG and SCIRICA, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Thomas Englert, doing business as Northeast Electrical Inspection Agency, brought this action against the City of McKeesport, Pennsylvania, and the Middle Department Inspection Agency (MDIA), a private contractor, under sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 & 2, and under the Pennsylvania Constitution as a pendent claim. The district court granted summary judgment on the Sherman Act...

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