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PAC CONSTRUCTION COMPANY v. NEW YORK FACTORS, INC.

Civ. A. No. 60-201.

191 F.Supp. 643 (1961)

PAC CONSTRUCTION COMPANY, a Delaware corporation, and Moyer Brothers, a partnership, Plaintiffs, v. NEW YORK FACTORS, INC., Defendant.

United States District Court W. D. Pennsylvania.

January 24, 1961.

Attorney(s) appearing for the Case

T. Robert Brennan, Brennan & Brennan, Pittsburgh, Pa., for plaintiff Moyer Bros.

Harry C. Benton, Hollidaysburg, Pa., for plaintiff PAC Const. Co.

Samuel H. Jubelirer, Jubelirer & Carothers, Altoona, Pa., for defendant.

MARSH, District Judge.

To the complaint filed in the above entitled action the defendant made a motion to dismiss for failure to state a claim upon which relief can be granted, Rule 12(b) (6), Fed.R.Civ.P., 28 U.S.C. A.; and a motion for summary judgment, Rule 56(b), Fed.R.Civ.P. Pursuant to leave granted at the hearing, the parties subsequently filed a stipulation, and A. C. Moyer, a partner plaintiff, filed an affidavit in support of the complaint. It is the opinion...

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