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U.S. STEEL v. M. DEMATTEO CONST. CO.

Nos. 02-1040, 02-1588.

315 F.3d 43 (2002)

UNITED STATES STEEL, a/k/a USX Corporation, Plaintiff, Appellant, v. M. DEMATTEO CONSTRUCTION CO. and M. DeMatteo Construction Co./Flatiron Constructors, a Joint Venture, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 30, 2002.

Attorney(s) appearing for the Case

Marc Redlich, with whom Merle Ruth Hass, Howard Burger, and Berman, Paley, Goldstein, & Kannry, L.L.P., were on brief for appellant.

Hugh J. Gorman, III, with whom Joel Lewin, Michael D. Healan and Hinckley, Allen & Snyder, L.L.P., were on brief for appellees.

Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

This case requires us to consider the rights, if any, of a subcontractor who did not substantially perform under his contract, to recover payment from a general contractor for work performed by the subcontractor who abandoned the job because of financial problems which soon led to bankruptcy proceedings. The case is brought by United States Steel ("USS"),1 a secured creditor...

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