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COM. to use of FORT PITT B. WKS. v. CON. CAS. CO.

429 Pa. 366 (1968)

Commonwealth to use of Fort Pitt Bridge Works v. Continental Casualty Company, Appellant.

Supreme Court of Pennsylvania.

April 16, 1968.

Attorney(s) appearing for the Case

Jack W. Plowman, with him Plowman and Spiegel, for appellant.

William T. Marsh, with him Reed, Smith, Shaw & McClay, for appellee.

Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE MUSMANNO, April 16, 1968:

Fort Pitt Bridge Works, hereinafter referred to as Fort Pitt, sold and delivered to A.J. Marsolino 2,217,087 pounds of structural steel at 17.275 cents per pound, to be used by him in the erection of a bridge on State legislative route 798, section 3.

Marsolino had executed a labor and material bond in favor of the Commonwealth in order to secure the payment of the materials...

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