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SHOOK OF WEST VIRGINIA, INC. v. YORK CITY SEWER AUTH.

No. CV-90-1718.

756 F.Supp. 848 (1991)

SHOOK OF WEST VIRGINIA, INC., Plaintiff, v. YORK CITY SEWER AUTHORITY, Defendant.

United States District Court, M.D. Pennsylvania.

February 8, 1991.

Attorney(s) appearing for the Case

John Havas, Larry L. Miller, Foulkrod, Reynolds & Havas, Harrisburg, Pa., Donald G. Gavin, J. Kent Holland, Jr., Owen J. Shean, Wickwire Gavin, P.C., Vienna, Va., for plaintiff.

William R. Scullion, David Wm. Bupp, Blakey, Yost, Bupp & Schaumann, York, Pa., Harold I. Rosen, Dorn C. McGrath, III, Jeffrey E. Weinstein, Christopher Louis Rissetto, Mark W. Pritchard, Zorc, Rissetto, Weaver & Rosen, Washington, D.C., for defendant.

MEMORANDUM

RAMBO, District Judge.

Before the court is the motion of York City Sewer Authority ("York"), to dismiss this action on the grounds that plaintiff, Shook of West Virginia, Inc. ("Shook") has not exhausted the dispute remedy provided in the construction contract between the parties. York refers to the motion as one to dismiss under Fed.R.Civ.P. 12(b)(1) and 12(b)(6). The parties' briefs, however, only address grounds for a 12(b)(1) dismissal for...

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