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CITY OF PHILADELPHIA v. DeSABATO, INC.

Civ. A. No. 72-1158.

347 F.Supp. 308 (1972)

CITY OF PHILADELPHIA v. DeSABATO, INC. and Maryland Casualty Company.

United States District Court, E. D. Pennsylvania.

September 5, 1972.

Attorney(s) appearing for the Case

Karl I. Schofield, Deputy City Sol., Philadelphia, Pa., for plaintiff.

Lynn L. Detweiler, Philadelphia, Pa., for Maryland Cas. Co.

J. V. Furlong, Jr., Philadelphia, Pa., for DeSabato, Inc.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

In this action, defendant, DeSabato, Inc., submitted the lowest bid on a public works contract for the construction of a sewerage line. Thereafter, plaintiff and defendant, DeSabato, entered into a contract for the construction of said sewer, and defendants, DeSabato and Maryland Casualty Company, as surety, executed a performance bond. Upon DeSabato's failure to commence work upon notice, plaintiff confessed...

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