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BEAVER VALLEY POWER CO. v. NATIONAL ENG. & CONTRACTING CO.

No. 88-3434.

883 F.2d 1210 (1989)

BEAVER VALLEY POWER COMPANY, a Pa. Corp. v. NATIONAL ENGINEERING & CONTRACTING CO., an Ohio Corp. v. MICHAEL BAKER, JR., INC., 3rd Party Defendant. Appeal of BEAVER VALLEY POWER COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 31, 1989.

Attorney(s) appearing for the Case

Robert B. Sommer, John M. Sylvester (Argued), Kirkpatrick & Lockhart, Pittsburgh, Pa., for appellant.

Chester S. Fossee (Argued), Reale, Fossee & Ferry, P.C., Pittsburgh, Pa., for appellee National Engineering & Contracting Co.

Mark J. Gesk, Francis X. McTiernan, Jr. (Argued), Wayman, Irvin & McAuley, Pittsburgh, Pa., for appellee Michael Baker, Jr., Inc.

Before SEITZ, STAPLETON, and COWEN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

This appeal presents a modern version of an age-old problem: reconciling the mutually exclusive interests of riparian landowners. See generally Morton J. Horwitz, The Transformation of American Law 32-53 (1977). Pursuant to a contract with the Pennsylvania Department of Transportation (PennDOT), National Engineering & Contracting Co. (National), an Ohio corporation, built a bridge on the Beaver...

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