EBC, Inc. v. Clark Building System, Inc.
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION
CHAGARES, Circuit Judge.
In April 2004, now-defunct Clark Building Systems, Inc. (“Clark”) entered into a contract with appellee A & M Composting, Inc. (“A & M”), under which Clark would fabricate and deliver components for a large steel building to be assembled at A & M’s facility. Clark, in turn, subcontracted with appellant State Steel Supply, Inc. (“State Steel”) to supply raw steel for the project. When State Steel was not paid for a significant portion of the steel that it supplied, it brought this diversity action against A & M in the United States District Court for the Western…
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