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SEASON-ALL INDUSTRIES, INC. v. MERCHANT SHIPPERS

Civ. A. No. 74-264.

451 F.Supp. 727 (1978)

SEASON-ALL INDUSTRIES, INC., Plaintiff, v. MERCHANT SHIPPERS, Defendant and Third-Party Plaintiff, v. BREMAN'S EXPRESS, INC., Baltimore & Ohio Railroad Company, Penn Central Transportation Company, Burlington Northern, Inc. and Alaska Railroad Company, Third-Party Defendants.

United States District Court, W. D. Pennsylvania.

May 26, 1978.

Attorney(s) appearing for the Case

Thomas J. Reinstadler, Pittsburgh, Pa., for plaintiff.

Paul H. Titus, Pittsburgh, Pa., for Merchant Shippers.

Edward Goldberg, Pittsburgh, Pa., for Breman's Express.

Aloysius F. Mahler, Pittsburgh, Pa., for Penn Central.

John J. Repcheck, Pittsburgh, Pa., for B & O. R. R.

Fredrick J. Francis, Pittsburgh, Pa., for Burlington Northern.

Joel B. Strauss, Asst. U. S. Atty., Pittsburgh, Pa., for Alaska R. Co.

OPINION

WEBER, Chief Judge.

This is a suit for damages to a shipment of storm windows originating in Indiana, Pennsylvania, and terminating in Fairbanks, Alaska. The background of this dispute is fully set forth in our opinion at 417 F.Supp. 998 [W.D.Pa.1976] and will not be repeated here. However, for reference we briefly state that plaintiff Season-All Industries, Inc. (Season-All) is the manufacturer of the windows...

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