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ALLIED ERECTING & DISMANTLING v. USX CORP.

Nos. 00-3064, 00-3105.

249 F.3d 191 (2001)

ALLIED ERECTING & DISMANTLING, CO., INC., Brandenburg Industrial Service Company, (Intervener in D.C.), v. USX CORPORATION, Allied Erecting & Dismantling Co., Inc., Appellant. Allied Erecting & Dismantling, Co., Inc.; Brandenburg Industrial Service Company, Intervener, v. USX Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Filed April 23, 2001.

Attorney(s) appearing for the Case

Christopher R. Opalinski, Esq., (Argued), Eckert, Seamans, Cherin & Mellott, Attorney for Appellant/Cross Appellee. Pittsburgh, PA, Attorney for Appellant/Cross Appellee.

J. Michael Jarboe, Esq. (Argued), USX Corporation, Pittsburgh, PA, Attorney for Appellee/Cross Appellant.

Before: NYGAARD, ROTH, and GARTH, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Previous litigation between appellant, Allied Erecting and Dismantling, Co., Inc., and appellee, USX Corporation, was settled on the eve of trial. In this suit, Allied claims that USX violated several provisions of that settlement agreement. The District Court granted summary judgment in favor of USX, and Allied appeals. Many facts are contested, but we have isolated those that are germane to the three issues...

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