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HOLT HAULING & WAREHOUSING SYSTEMS, INC. v. RAPISTAN, INC.

Civ. A. No. 76-580.

448 F.Supp. 991 (1978)

HOLT HAULING AND WAREHOUSING SYSTEMS, INC. v. RAPISTAN, INC.

United States District Court, E. D. Pennsylvania.

February 17, 1978.

Attorney(s) appearing for the Case

Richard W. Berlinger, of Malis, Tolson, & Malis, Philadelphia, Pa., for plaintiff.

Gordon W. Gerber, of Dechert, Price & Rhoads, Philadelphia, Pa., for defendant.

OPINION

DITTER, District Judge.

The question in this diversity case is whether plaintiff's claim to be a third-party creditor beneficiary of a contract is barred by res judicata. For the reasons hereafter stated, I conclude plaintiff's arguments were fully considered by the courts of Pennsylvania which determined that under state law plaintiff was not a third-party beneficiary. Therefore, defendant's motion for judgment on the pleadings must be granted....

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