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PENNSYLVANIA TURNPIKE COM'N v. SEABOARD SURETY CO.

Civ. A. Nos. 19974, 21794.

164 F.Supp. 723 (1958)

PENNSYLVANIA TURNPIKE COMMISSION, to the Use of Alex FINK and Nathan Fink, trading as Perry Construction Co. v. SEABOARD SURETY COMPANY. WENGER BROTHERS, INC. v. UNITED STATES FIDELITY & GUARANTEE CO. and Alex Fink and Nathan Fink, trading as Perry Construction Co., a partnership.

United States District Court E. D. Pennsylvania.

September 3, 1958.

Attorney(s) appearing for the Case

Walter Stein, Harold Berger, Berger & Gelman, Philadelphia, Pa., for Pennsylvania Turnpike Commission, to Use Alex Fink and Nathan Fink, trading as Perry Const. Co. and United States Fidelity & Guarantee Co.

John B. Martin, Frank K. Tarbox, Duane, Morris & Heckscher, Philadelphia, Pa., Jonathan B. Hillegass, Hillegass & Moran, Norristown, Pa., for Wenger Brothers, Inc. and Seaboard Surety Co.

EGAN, District Judge.

These two actions were consolidated for trial by jury. A joint motion for a new trial has been filed on behalf of the losing parties, i. e., Seaboard Surety Company, in Civil Action No. 19974 and Wenger Brothers, Inc., in Civil Action No. 21794. The motion will be denied.

The cases are here by reason of diversity of citizenship of the parties. They grow out of the construction and completion...

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