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CONTROLLED WEATHER PENN. CORP. v. CONTEL CONSTRUCTION CORP. ET AL. (10/23/69)

October 23, 1969

CONTROLLED WEATHER OF PENN. CORP., ALSO KNOWN AS CONTROLLED WEATHER CORP. OF PENN., APPELLANT,
v.
CONTEL CONSTRUCTION CORP. ET AL., RESPONDENTS



Concur -- Stevens, P. J., Eager, Tilzer, McNally and Bastow, JJ.

Inasmuch as the defendant Aetna Casualty and Surety Co. has stipulated to become a party to the Pennsylvania action and the plaintiff may obtain full relief in such action, we are affirming the dismissal of this action brought subsequently in this State. The circumstances justify the dismissal and a pendency of this action, with a stay thereof, is not required for the protection of the rights of the plaintiff.

Disposition

Order entered February 17, 1969, unanimously affirmed, without costs and without disbursements.

19691023

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