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GUY M. COOPER v. EAST PENN SCHOOL DIST.

903 A.2d 608 (2006)

GUY M. COOPER, INC., Appellant v. EAST PENN SCHOOL DISTRICT v. Bilt-Rite Contractors, Inc., United States Fidelity & Guaranty Company, and The Architectural Studio and O'Brien-Kreitzberg & Associates, Inc. Guy M. Cooper, Inc. v. East Penn School District v. Bilt-Rite Contractors, Inc., United States Fidelity & Guaranty Company, and The Architectural Studio and O'Brien-Kreitzberg & Associates, Inc. Appeal of East Penn School District.

Commonwealth Court of Pennsylvania.

Decided July 26, 2006.

Attorney(s) appearing for the Case

Richard W. Hunt, Marlton, NJ, for appellant, Guy M. Cooper, Inc.

Domenic P. Sbrocchi, Bethlehem, for appellee, East Penn School District.

Patrick R. Kingsley, Philadelphia, for appellee, United States Fidelity & Guaranty Company.

Maura Zajac McGuire, Easton, for appellee, The Architectural Studio.

Jeffrey P. Wallack, Blue Bell, for appellee, Bilt-Rite Contractors, Inc.

BEFORE: COHN JUBELIRER, Judge, SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge SIMPSON.

In the first of two consolidated appeals arising out of construction of the East Penn Middle School (Project), Guy M. Cooper, Inc. (Mechanical Contractor) contends the Court of Common Pleas of Lehigh County (trial court) erred by granting summary judgment in favor of East Penn School District (School District) on Mechanical Contractor's breach of contract and unjust enrichment claims. In the second appeal, a protective appeal, School District...

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