CYCLOPS CORPORATION v. HOME INSURANCE COMPANY

Civ. A. Nos. 70-1053, 70-1370.

389 F.Supp. 476 (1975)

CYCLOPS CORPORATION, Plaintiff, v. The HOME INSURANCE COMPANY, Defendant, v. FISCHBACH AND MOORE, INC., and Allis-Chalmers Manufacturing Company, Third-Party Defendants. CYCLOPS CORPORATION, Plaintiff, v. FISCHBACH AND MOORE, INC., and Allis-Chalmers Manufacturing Company, Defendants.

United States District Court, W. D. Pennsylvania.

January 23, 1975.


Attorney(s) appearing for the Case

Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for Cyclops Corp.

Jones, Gregg, Creehan & Gerace, Pittsburgh, Pa., Hamilton, Kramer & Myers, Columbus, Ohio, for Home Ins. Co.

Thorp, Reed & Armstrong, Pittsburgh, Pa., for Fischbach and Moore, Inc.

Egler, McGregor & Reinstadtler, Pittsburgh, Pa., for Allis-Chalmers Manufacturing Co.


WEBER, District Judge.

This case involves a clause in a contract of sale for a large electrical motor manufactured by Defendant Allis-Chalmers and sold by Defendant Fischbach and Moore to Plaintiff Cyclops Corporation.

The motor was installed in July of 1967 and suffered a breakdown on January 20, 1969. There was no injury to persons or property other than that to the motor itself. The motor was repaired by Allis...

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