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PENNSYLVANIA GLASS SAND v. CATERPILLAR TRACTOR CO.

Civ. No. 79-735.

496 F.Supp. 712 (1980)

PENNSYLVANIA GLASS SAND CORPORATION, Plaintiff, v. CATERPILLAR TRACTOR COMPANY, Defendant.

United States District Court, M. D. Pennsylvania.

As Corrected November 3, 1980.

Attorney(s) appearing for the Case

Christopher C. Fallon, Jr., Cozen, Begier & O'Connor, Philadelphia, Pa., for plaintiff.

Clyde McIntyre, C. Grainger Bowman, Harrisburg, Pa., Theodore W. Flowers, White & Williams, Philadelphia, Pa., for defendant.

OPINION

MUIR, District Judge.

Pennsylvania Glass Sand Corporation commenced this diversity action seeking to recover damages caused by a fire which destroyed a front end loader manufactured by Defendant Caterpillar Tractor Company. Pennsylvania Glass Sand's complaint alleges liability on the basis of strict liability in tort, Restatement of Torts, (Second) § 402A and negligence. On July 28, 1980, Caterpillar filed a motion for summary judgment pursuant...

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