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EBC, INC. v. CLARK BLDG. SYSTEMS, INC.

No. 09-1182.

618 F.3d 253 (2010)

EBC, INC.; State Steel Supply, Inc. v. CLARK BUILDING SYSTEMS, INC.; American Compost Corporation; A & M Composting, Inc.; Solid Waste Services, Inc., State Steel Supply, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 18, 2010.

Attorney(s) appearing for the Case

Jennifer L. Gardner, Esq. , Margaret M. Metzinger, Esq. , Stewart D. Roll, Esq. , Climaco Law Firm, Cleveland, OH, Paul R. Rosenberger, Esq. , Persky, Shapiro & Arnoff, Beachwood, OH, for Appellant.

Albert A. DeGennaro, Esq. , Audobon, PA, William F. Fox, Jr., Esq. , J.P. Mascaro & Sons, Harleysville, PA, for Appellees.

Before: SCIRICA and CHAGARES, Circuit Judges, and RODRIGUEZ, District Judge.

OPINION

CHAGARES, Circuit Judge.

In April 2004, now-defunct Clark Building Systems, Inc. ("Clark") entered into a contract with appellee A & M Composting, Inc. ("A & M"), under which Clark would fabricate and deliver components for a large steel building to be assembled at A & M's facility. Clark, in turn, subcontracted with appellant State Steel Supply, Inc. ("State Steel") to supply raw steel for the project. When State Steel was not paid for...

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