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BRUNSWICK-BALKE-COLLENDER COMPANY v. LUFF COMPANY

Civ. A. No. 28826.

232 F.Supp. 149 (1964)

The BRUNSWICK-BALKE-COLLENDER COMPANY v. The LUFF COMPANY and The Beryllium Corporation.

United States District Court E. D. Pennsylvania.

July 22, 1964.

Attorney(s) appearing for the Case

James E. Beasley, John Patrick Kelley, Philadelphia, Pa., for plaintiff.

Peter O. Clauss, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for The Luff Co.

Oscar Brown, Philadelphia, Pa., for the Beryllium Corp.

GRIM, District Judge.

This is a motion to dismiss for lack of diversity of citizenship. Plaintiff instituted this diversity action against The Luff Company and The Beryllium Corporation, alleging that the defendants were negligent in, and breached their warranties relating to, the grinding and manufacture of a certain mold to be used by plaintiff in the manufacture of radar housings for certain B-58 bombers.

Plaintiff's complaint in part provided:

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