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KEEN TRANSPORT COMPANY, INC. v. WILCOX

Civ. A. Nos. 114-72, 56-73 Erie.

376 F.Supp. 437 (1974)

KEEN TRANSPORT COMPANY, INC., and Continental Casualty Company v. Michael WILCOX and Brady Motor Freight. KEEN TRANSPORT COMPANY, INC., and Continental Casualty Company v. Clarence J. HAFER.

United States District Court, W. D. Pennsylvania.

May 29, 1974.

Attorney(s) appearing for the Case

John G. Gent, Erie, Pa., for plaintiffs.

Irving O. Murphy, Eugene J. Brew, Jr., Erie, Pa., for defendants.

MEMORANDUM AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS

KNOX, District Judge.

This diversity action arises from a suit to recover for the negligent loss of a tractor trailer transporting machinery and equipment being transported in interstate commerce which was allegedly stolen by person or persons unknown while left unattended by the driver.

As a result the plaintiff by virtue of its contractual relationship with Allis Chalmers Manufacturing...

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