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INDIANA LIMESTONE COMPANY v. BRANNA CONSTR. CORP.

Civ. A. No. 66-290.

252 F.Supp. 959 (1966)

INDIANA LIMESTONE COMPANY, Inc., an Indiana corporation and City of Pittsburgh to Use of Indiana Limestone Company, Inc., an Indiana corporation, Plaintiff, v. BRANNA CONSTRUCTION CORPORATION, a Pennsylvania corporation, and United States Fidelity and Guaranty Company, a Maryland corporation, Defendants.

United States District Court W. D. Pennsylvania.

April 14, 1966.

Attorney(s) appearing for the Case

Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for plaintiff.

Markel, Markel, Levenson & Fischer, Pittsburgh, Pa., for defendants.

WEBER, District Judge.

In the above action the defendants have moved to dismiss the complaint on the ground that the amount in controversy is less than $10,000 exclusive of interest and costs. There is no dispute between the parties that the balance due for labor and materials under the fixed contract price pleaded by plaintiff with the allowance for credits to defendants shown in plaintiff's complaint is less than $10,000. It is only by the inclusion of an additional...

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