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GERARD CONST., INC. v. MOTOR VESSEL VIRGINIA

Civ. A. No. 79-1172.

490 F.Supp. 475 (1980)

GERARD CONSTRUCTION, INC., Plaintiff, v. MOTOR VESSEL VIRGINIA, her engines, boilers, etc.; Phillip N. Mosesso, Individually; Donald A. Fix, Individually; and Phillip N. Mosesso and Donald A. Fix d/b/a Sleps River Towing Co., Defendants.

United States District Court, W. D. Pennsylvania.

June 5, 1980.

Attorney(s) appearing for the Case

John W. Murtagh, Jr., Greenfield & Murtagh, Pittsburgh, Pa., for defendants.

Dennis A. Watson, Grogan, Griffam, McGinley & Solomon, Pittsburgh, Pa., for plaintiff.

OPINION

DUMBAULD, Senior District Judge.

Plaintiff's motion for summary judgment and to dismiss counterclaim had been argued before the lamentable death of our esteemed colleague Judge Snyder, and was reargued on June 3, 1980. Counsel for both sides conceded that in its present posture the case is within the diversity jurisdiction of this Court,1 and that sale of the vessel involved is to be treated as sale of a chattel under...

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