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COLELLA v. ALLEGHENY COUNTY

391 Pa. 103 (1958)

Colella, Appellant, v. Allegheny County, Appellant.

Supreme Court of Pennsylvania.

January 8, 1958.

Attorney(s) appearing for the Case

Frank R. Bolte, for plaintiff.

Hamilton A. Robinson and Dickie, McCamey, Chilcote & Robinson, for additional plaintiff.

Nathaniel K. Beck, County Solicitor, and Philip Baskin, Assistant County Solicitor, with them Arthur L. McLaughlin, III, Assistant County Solicitor, for defendant, County of Allegheny.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BELL, January 8, 1958:

Plaintiff, a contractor, filed a bill of complaint in equity against the County of Allegheny seeking a cancellation and return of its bid bond. The County of Allegheny brought in, pursuant to petition and order of the Court, the Fidelity and Deposit Company of Maryland, which was surety on the bid bond. The County of Allegheny subsequently filed an answer and new matter in which...

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