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HILL TOP-WEST LIBERTY LBR. CO. v. AETNA CASUALTY AND SUR. CO.

Civ. A. No. 61-550.

208 F.Supp. 108 (1962)

HILL TOP-WEST LIBERTY LUMBER COMPANY, a Pennsylvania corporation, Plaintiff, v. The AETNA CASUALTY AND SURETY COMPANY, a Connecticut corporation, Defendant.

United States District Court W. D. Pennsylvania.

June 8, 1962.

Attorney(s) appearing for the Case

Harold Harper (of Alter, Wright & Barron), Pittsburgh, Pa., for plaintiff.

John M. Reed (of Reed & Egler), Pittsburgh, Pa., for defendant.

ROSENBERG, District Judge.

Plaintiff invoked the diversity jurisdiction in this suit. The cause of action is based on the sale of building materials to the general contractor for the erection and construction of a new senior high school building for the Butler Area Joint School Building Authority as owner. Plaintiff sold the material to William F. Sutter, trading as Sutter Lumber Company, general contractor. As principal, he deposited with the Authority, defendant...

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