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LaGORGA v. KROGER COMPANY

Civ. A. No. 65-66.

275 F.Supp. 373 (1967)

John Jeff LaGORGA, a minor, by Joseph LaGorga, his guardian, and Joseph LaGorga and Bernadette LaGorga, Plaintiffs, v. The KROGER COMPANY, a corporation, Defendant and Third-Party Plaintiff, v. Sidney H. EVANS, Individually and trading and doing business as Evans Manufacturing Company, and Evans Manufacturing Company, Inc., Third-Party Defendants and Fourth-Party Plaintiffs, v. LOWENSTEIN AND SONS, INC., a corporation, Fourth-Party Defendant.

United States District Court W. D. Pennsylvania.

November 1, 1967.

Attorney(s) appearing for the Case

Robert B. Ivory, and Paul Moses, of Evans, Ivory & Evans, Pittsburgh, Pa., for plaintiffs.

Bruce R. Martin, Pittsburgh, Pa., for defendant.

Wallace E. Edgecombe, of Royston, Robb, Leonard, Edgecombe, Miller & Shorall, Pittsburgh, Pa., for third-party defendants.

OPINION AND ORDER

MARSH, District Judge.

This is a diversity personal injury case arising under the law of Pennsylvania. The defendant, Kroger Company, brought in Sidney H. Evans and his corporation as third-party defendants. Evans and his corporation brought in Lowenstein and Sons, Inc. as a fourth-party defendant. During the trial Mr. Evans and his corporation moved to discontinue their fourth-party action against Lowenstein and Sons, Inc., who made no...

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