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GORSO v. BELL EQUIPMENT CORPORATION

Nos. 71-2035 to 71-2039.

476 F.2d 1216 (1973)

James A. GORSO v. BELL EQUIPMENT CORPORATION, a corporation, v. The MARLEY COMPANY, a corporation and Societe de Construction Mecaniques de Bugey and Tichauer et Cie. Appeal of SOCIETE DE CONSTRUCTION MECANIQUES DU BUGEY and Tichauer et Cie, in No. 71-2035, (five cases). Jack CHICONELLA v. BELL EQUIPMENT CORPORATION, a corporation, v. The MARLEY COMPANY, a corporation and Societe de Construction Mecaniques du Bugey and Tichauer et Cie. Clyde A. TEVIS v. BELL EQUIPMENT CORPORATION, a corporation, v. The MARLEY COMPANY, a corporation and Societe de Construction Mecaniques du Bugey and Tichauer et Cie. Harry J. PHILLIPS v. BELL EQUIPMENT CORPORATION, a corporation, v. The MARLEY COMPANY, a corporation and Societe de Construction Mecaniques du Bugey and Tichauer et Cie. Amedio VITALE v. BELL EQUIPMENT CORPORATION, a corporation, v. The MARLEY COMPANY, a corporation and Societe de Construction Mecaniques du Bugey, and Tichauer et Cie.

United States Court of Appeals, Third Circuit.

Decided March 2, 1973.

As Amended April 5, 1973.

Attorney(s) appearing for the Case

Kim Darragh and Raymond H. Conaway, of Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for appellant.

James E. Coyne, Lancaster, Mentzer, Coyne & Duffy, Pittsburgh, Pa., for appellee.

Before SEITZ, Chief Judge, and ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

This appeal arises out of the denial by the district court, 330 F.Supp. 834, of a motion to dismiss two impleaded defendants for lack of personal jurisdiction. The district court certified the question for interlocutory appeal pursuant to 28 U.S.C. § 1292(b), and this court accepted the appeal. Pennsylvania law applies since federal jurisdiction here is predicated upon diversity...

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