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MIKROPUL CORP. v. DESIMONE & CHAPLIN-AIRTECH, INC.

No. 83 Civ. 8445 (RWS).

599 F.Supp. 940 (1984)

MIKROPUL CORPORATION, Plaintiff, v. DESIMONE & CHAPLIN-AIRTECH, INC. and Vincent J. Desimone and James E. Chaplin, doing business as Desimone, Chaplin and Associates, Consulting Engineers, Defendants.

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

December 28, 1984.

Attorney(s) appearing for the Case

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for plaintiff; Peter Aron, New York City, of counsel.

Wilson, Elser, Edelman & Dicker, New York City, for defendants; Stephen M. Marcellino, Eugene H. Goldberg, New York City, of counsel.

OPINION

SWEET, District Judge.

This diversity action arises from contractual disputes surrounding the construction of an air pollution control facility at United States Steel's ("USS") Fairless, Pennsylvania plant. Defendants Vincent DeSimone ("DeSimone") and James Chaplin ("Chaplin"), doing business as DeSimone, Chaplin and Associates ("DSC"), have moved for summary judgment pursuant to Fed.R. Civ.P. 56 dismissing that portion of Mikropol's ("Mikropol"...

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