Johnson v. Fenestra, Inc.

DUMBAULD, District Judge.

The case at bar arises under our “diversity jurisdiction” and is governed by Pennsylvania law. It was tried non-jury. This opinion shall be deemed to embody findings of fact and conclusions of law in accordance with F.R.Civ.P., Rule 52, 28 U.S.G.A. From the testimony the jury, if there had been one, could have found, and the Court as trier of the facts accordingly finds, as follows:

Defendant (hereinafter called Fene-stra) was prime contractor on a job involving construction work at the Shaw-ville plant of Pennsylvania Electric Company. The architect was Gilbert…