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UNITED STATES GYPSUM CO. v. SCHIAVO BROS., INC.

Civ. A. No. 74-3165.

485 F.Supp. 46 (1979)

UNITED STATES GYPSUM CO. v. SCHIAVO BROTHERS, INC.

United States District Court, E. D. Pennsylvania.

Memorandum January 15, 1980.

Attorney(s) appearing for the Case

Michael M. Baylson, Duane, Morris & Heckscher, Philadelphia, Pa., for plaintiff.

John M. Elliott, Philadelphia, Pa., for defendant.

POLLAK, District Judge.

In December, 1974, United States Gypsum Co. commenced this landlord-tenant action, alleging that defendant-tenant Schiavo Brothers, Inc., failed to surrender the leasehold property on time and clear of debris. A ten-day non-jury trial was held in late 1975 and early 1976. In May, 1978, Judge Fogel ruled in defendant's favor, filing an exhaustive opinion which concluded that defendant had not breached...

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