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GRIMME COMBUSTION, INC. v. MERGENTIME CORP.

406 Pa.Super. 620 (1991)

595 A.2d 77

GRIMME COMBUSTION, INC., Appellant, v. MERGENTIME CORPORATION and Insurance Company of North America, Appellees.

Superior Court of Pennsylvania.

Filed July 2, 1991.

Reargument Denied September 5, 1991.

Attorney(s) appearing for the Case

Robert T. Carlton, Jr., King of Prussia, for appellant.

Carl H. Hanzelik, Philadelphia, for appellees.

Before CAVANAUGH, MCEWEN and MONTGOMERY, JJ.

MONTGOMERY, Judge:

The plaintiff-appellant Grimme Combustion, Inc. instituted the instant action to seek damages allegedly arising out of its work as a subcontractor on a highway construction project in Philadelphia. Defendant-appellee Mergentime Corporation was the general contractor on that Pennsylvania Department of Transportation (hereinafter "PennDOT") project, and defendant-appellee Insurance Company of North America (hereinafter "INA") acted as a surety in...

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