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CLOYD HIMES AND AL'S TIRE SERVICE v. CAMERON COUNTY CONSTRUCTION CORPORATION AND CARROLLTOWN BOROUGH MUNICIPAL AUTHORITY. APPEAL EMPORIUM BANK & TRUST COMPANY (04/21/82)

decided: April 21, 1982.

CLOYD HIMES AND AL'S TIRE SERVICE, ALLEGHENY FOUNDRY COMPANY, CAMBRIA SLAG DIVISION OF THE STANDARD SLAG COMPANY, EMPORIUM TRUST COMPANY, NEW ENTERPRISE STONE AND LIME COMPANY, PATTON LUMBER AND SUPPLY, PENNSYLVANIA ELECTRIC COMPANY, UNITED SURVEY COMPANY, WARREN CONCRETE PRODUCTS
v.
CAMERON COUNTY CONSTRUCTION CORPORATION AND CARROLLTOWN BOROUGH MUNICIPAL AUTHORITY. APPEAL OF EMPORIUM BANK & TRUST COMPANY



Docket No. 81-1-70, Appeal from the Order of the Superior Court, No. 1145 April Term, 1978, entered July 24, 1981, affirming the Order of the Court of Common Pleas, Civil Action-Law, of Cambria County at No. 1008-1974 entered June 20, 1978.

COUNSEL

Judith Eichen Fellheimer, Gary P. Lightman, Fellheimer, Eichen & Goodman, Philadelphia, for appellants.

Edwin J. Strassburger, Strassburger & McKenna, Pittsburgh, for Allegheny Foundry Co.

I. Samuel Kaminsky, Johnstown, for Cambria Slag Division of the Standard Slag Co.

Gary Horner, Johnstown, for Pa. Elec. Co.

Edwin W. Tompkins, II, Emporium, for Cameron County Const.

Thomas A. Swope, Jr., Ebensburg, for Carrolltown Borough Municipal Authority.

Sanford M. Aderson, Aderson, Frank & Steiner, Daniel Krause, Pittsburgh, for Cloyd Himes, et al.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, McDermott and Hutchinson, JJ.

Author: Roberts

[ 497 Pa. Page 639]

OPINION OF THE COURT

Cameron County Construction Corporation (Cameron) entered into a contract with the Carrolltown Borough Municipal Authority for the construction of sewers in the Borough of Carrolltown. The project was completed in November, 1974, but debts incurred by Cameron to appellant and appellees remain unpaid. Each of the parties seeks to satisfy its claims against Cameron from the unpaid contract balance of $43,694.50, which has been interpleaded into court by the Authority. The interpleaded fund was withheld from Cameron by the Authority pursuant to their contract, which provided that final payment "shall be conditioned . . . upon submission by the Contractor of evidence that all claims for labor, material and any other outstanding indebtedness in connection with this contract has been paid."

Appellant Emporium Bank & Trust Company, which lent money to Cameron to finance the construction project, seeks to recover from the interpleaded fund on the basis of an assignment from Cameron of "all moneys that are now, or may hereafter become due and payable to Cameron by Carrolltown Borough Municipal Authority under [the] contract."*fn1 Appellees are unpaid labor and materialmen employed by Cameron on the Carrolltown project. We agree with the Superior Court, 289 Pa. Super. 143, 432 A.2d 1092, ...


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