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PHILADELPHIA v. SMITH ROOFING

410 Pa.Super. 95 (1991)

599 A.2d 222

CITY OF PHILADELPHIA for the Use of ALLIED ROOFERS SUPPLY CORPORATION and Allied Roofers Supply Corporation, Appellants, v. JOSEPH S. SMITH ROOFING INC., Joseph S. Smith, James F. Sunday, Fireman's Fund Insurance Company, J.J. White Incorporated, John S. McQuade Co., Foster Schermerhorn Barnes Inc., and Kelso Construction Company Inc., Individually and as Partners t/a FSB/Kelso and KSB/Kelso Joint Venture.

Superior Court of Pennsylvania.

Filed November 18, 1991.

Attorney(s) appearing for the Case

Daniel M. Replogle, Camden, N.J., for appellants.

Patrick T. Henigan, Philadelphia, for appellees.

Before CAVANAUGH, OLSZEWSKI and FORD ELLIOTT, JJ.

FORD ELLIOTT, Judge:

This is an appeal from the June 4, 1990 order in the Court of Common Pleas of Philadelphia County denying appellants' post-trial motions and affirming the judgment entered on March 17, 1990 following a non-jury trial before the Honorable Nelson A. Diaz. Appellant, a supplier of roofing materials, initiated the underlying breach of contract action in an attempt to recover monies owed by appellees, the general contractor and its surety, pursuant...

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