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PLAINWELL PAPER CO., INC. v. PRAM, INC.

Civ. A. No. 76-86.

430 F.Supp. 1386 (1977)

PLAINWELL PAPER COMPANY, INC., a corporation, Plaintiff, v. PRAM, INC., a corporation, Defendant.

United States District Court, W. D. Pennsylvania.

May 6, 1977.

Attorney(s) appearing for the Case

Foster S. Goldman, Jr., Pittsburgh, Pa., for plaintiff.

John E. Hall, Frederick N. Egler, Pittsburgh, Pa. (represented plaintiff on counter-claim), for defendant.

OPINION

WEBER, Chief Judge.

The plaintiff, Plainwell Paper Co., Inc., has moved for partial summary judgment in its favor as to that portion of the counterclaim of Pram, Inc., that is based on § 402A of the Restatement of Torts, Second. Pram has filed an affidavit opposing summary judgment and supplied the court with a brief in support of its position.

Initially, it must be noted that summary judgment is never warranted except on a clear showing...

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