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HUNTINGDON IND. INC. v. PA. MFGRS' A.C.I. CO.

440 Pa. 640 (1970)

Huntingdon Industries Incorporated v. Pennsylvania Manufacturers' Association Casualty Insurance Company, Appellant.

Supreme Court of Pennsylvania.

October 9, 1970.

Attorney(s) appearing for the Case

Joseph H. Foster, with him White and Williams, for appellant.

Gordon W. Gerber, with him George J. Hauptfuhrer, Jr., and Dechert, Price & Rhoads, for appellee.

Before BELL, C.J., COHEN, EAGEN, O'BRIEN and POMEROY, JJ.

OPINION PER CURIAM, October 9, 1970:

Judgment affirmed.

Mr. Justice JONES and Mr. Justice ROBERTS took no part in the consideration or decision of this case.

CONCURRING AND DISSENTING OPINION BY MR. JUSTICE EAGEN AND MR. JUSTICE POMEROY:

We are of the view that the balata was in the "care, custody and control" of Huntingdon at the time of the fire and hence coverage was excluded under the terms of the policy. However, we do agree with the majority...

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