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MOSCATIELLO CONST. v. PITTSBURGH WATER

167 Pa.Commw. 508 (1994)

648 A.2d 1249

MOSCATIELLO CONSTRUCTION COMPANY, Appellant, v. The PITTSBURGH WATER AND SEWER AUTHORITY, MOSCATIELLO CONSTRUCTION COMPANY, Appellant, v. CITY OF PITTSBURGH, v. MACKIN ENGINEERING COMPANY, MOSCATIELLO CONSTRUCTION COMPANY, Appellant, v. CITY OF PITTSBURGH, v. MACKIN ENGINEERING COMPANY.

Commonwealth Court of Pennsylvania.

Decided September 20, 1994.

Petition for Allowance of Appeal Denied March 10, 1995.

Attorney(s) appearing for the Case

George M. Medved, for appellant.

J. Russell McGregor, Jr., Asst. City Sol., for appellee, City of Pittsburgh and Pittsburgh Water and Sewer Authority.

Thomas J. Dempsey for amicus curiae Maurice A. Nernberg and in the public interest.

Before McGINLEY and FRIEDMAN, JJ., and NARICK, Senior Judge.

Judge DAN PELLEGRINI did not participate in the decision in this case.

McGINLEY, Judge.

Moscatiello Construction Company (Moscatiello) appeals from the orders of the Court of Common Pleas of Allegheny County (trial court) that granted summary judgment to the City of Pittsburgh (City), the Pittsburgh Water and Sewer Authority (Authority) and Mackin Engineering Company (Mackin) (collectively, Defendants). We reverse and remand this matter for trial.

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