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NAGER ELECTRIC CO. v. CHARLES BENJAMIN, INC.

Civ. A. Nos. 37564, 40653, 37779, 43886 and 68-216.

317 F.Supp. 645 (1970)

NAGER ELECTRIC CO., Inc. v. CHARLES BENJAMIN, INC., and Ralph R. Lanciano t/a Lanciano Hauling and Rigging et al. CAMPBELL SOUP COMPANY v. CHARLES BENJAMIN, INC., and Benjamin Warehouse Company, Inc. and Sidney Benjamin, Florence Cook and Gertrude Steinberg, Individually and trading as Charles Benjamin, a partnership. WESTERN GEAR CORPORATION v. CHARLES BENJAMIN, INC. WESTERN GEAR CORPORATION v. BENJAMIN WAREHOUSE CO., Inc. and Sidney Benjamin, Florence Cook and Gertrude Steinberg, Individually and trading as Charles Benjamin. MILWAUKEE GEAR COMPANY v. CHARLES BENJAMIN, INC., et al.

United States District Court, E. D. Pennsylvania.

September 28, 1970.

Attorney(s) appearing for the Case

Edward C. German, Philadelphia, Pa., for plaintiffs.

Francis E. Marshall, Philadelphia, Pa., for defendants.

OPINION

JOSEPH S. LORD, III, District Judge.

These are five actions, consolidated for trial, to recover damages for the loss of plaintiffs' machinery resulting from a fire in defendants' warehouse. The verdict was for plaintiffs and defendants have moved for judgment or, in the alternative, for a new trial.

1. The motion for new trial

a. The admission of statements of defendants' employees

Lt. P. W. Short, of the...

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