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PRICE BROS. CO. v. OLIN CONST. CO., INC.

No. CIV-80-1122E.

528 F.Supp. 716 (1981)

PRICE BROTHERS COMPANY and Erie County Water Authority to the use and benefit of Price Brothers Company, Plaintiffs, v. OLIN CONSTRUCTION CO., INC. and Fidelity and Deposit Company of Maryland, Defendants. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Third-Party Plaintiff, v. George W. OLIN; Sherman D. Olin; and Camillus Airport, Inc., Third-Party Defendants.

United States District Court, W. D. New York.

December 28, 1981.

Attorney(s) appearing for the Case

Daniel M. Darragh, Buffalo, N. Y., for plaintiffs.

Harold T. Limpert, Syracuse, N. Y., for defendants.

Frederick D. Turner, Buffalo, N. Y., for third-party defendants.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This action arises out of three separate contracts between Price Brothers Company ("Price") and Olin Construction Co., Inc. ("Olin") for the sale of pipe for use in two separate water transmission main projects, one with the Erie County Water Authority in 1977 and the other with the Niagara County Water District in 1978. Price alleges that Olin failed to pay a part...

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