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PENN PIPING v. INS. CO. OF N. AM.

382 Pa.Super. 19 (1989)

554 A.2d 925

PENN PIPING, INC., Appellant, v. INSURANCE COMPANY OF NORTH AMERICA.

Supreme Court of Pennsylvania.

Filed February 1, 1989.

Reargument Denied March 20, 1989.

Attorney(s) appearing for the Case

Lee V. Price, Pittsburgh, for appellant.

Diane B. Quinlin, Pittsburgh, for appellee.

Before BROSKY, JOHNSON and MELINSON, JJ.

JOHNSON, Judge:

This is an appeal from an Order dismissing the instant action for failure to prosecute. We reverse.

This action arose as a result of dealings between Penn Piping, Inc., (PPI) a commercial contracting company, and Insurance Company of North America, (INA) who acted as surety on various payment and performance bonds issued to owners who had contracted for PPI's services. PPI alleges that INA defaulted on its oral promise to continue to issue...

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