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DRAVO CORP. v. WHITE CONSOL. INDUSTRIES

Civ. A. No. 83-2769.

602 F.Supp. 1136 (1985)

DRAVO CORPORATION, a Pennsylvania corporation, Plaintiff, v. WHITE CONSOLIDATED INDUSTRIES, INC., a Delaware corporation, Defendant.

United States District Court, W.D. Pennsylvania.

February 5, 1985.

Attorney(s) appearing for the Case

Edward F. Welsh, Anne B. Shearon, Parmelee, Miller, Welsh & Kratz, P.C., Pittsburgh, Pa., for plaintiff.

Raymond G. Hasley, Dennis M. Morgenstern, Pittsburgh, Pa., for defendant.

OPINION

MANSMANN, District Judge.

This matter comes before the Court on Defendant's "Motion To Dismiss Pursuant Rule 12(b)(6), or, Alternately Rule 56 of the Federal Rules of Civil Procedure." For the reasons set forth below, Defendant's Motion is denied.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Dravo Corporation ("Dravo") is a Pennsylvania corporation which prior to 1973 had been engaged in the engineering and construction businesses...

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