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BEDNARSKI v. HIDEOUT HOMES & REALTY, INC.

No. CV 87-0831.

709 F.Supp. 90 (1988)

Robert BEDNARSKI and Fadua Bednarski, his wife, and Robert Bednarski, as Administrator of the Estate of Ronald Bednarski, Deceased, Plaintiffs, v. HIDEOUT HOMES & REALTY, INC., A DIVISION OF U.S. HOMES & PROPERTIES, INC. and William F. Rooney Electrical Contractor, Inc., Defendants/Third-Party Plaintiffs, v. CUTLER HAMMER CORPORATION, A SUBSIDIARY OF EATON CORPORATION, Walter W. Grote, and Pike-Wayne Inspection Agency, Third-Party Defendants, v. DOWGARD STYROFOAM, A DIVISION OF DOW CHEMICAL COMPANY, Markel Products and Ettco Wire & Cable Company, Second Additional Third-Party Defendants.

United States District Court, M.D. Pennsylvania.

November 30, 1988.

Attorney(s) appearing for the Case

Ronald J. Mishkin, Gerald J. Geiger, Mervine, Brown, Newman, Williams & Mishkin, Stroudsburg, Pa., for plaintiffs.

John J. Byrne, Scranton, Pa., for Rooney Elec. Contractor, Inc.

John R. Lenahan, Jr., Scranton, Pa., for Hideout Homes and Realty, Inc., a div. of U.S. Homes & Properties.

Henry C. McGrath, Scranton, Pa., for Eaton Corp.; Michael H. King, Eric S. Palles, Jeffrey E. Rogers, Ross and Hardies, Chicago, Ill., of counsel.

Irwin Schneider, Scranton, Pa., for Pike-Wayne Inspection Agency.

Lee Krause, Howell, Krause & Schloesser, Honesdale, Pa., for Walter Grote.

Howard A. Berman, Wilkes-Barre, Pa., for Markel Products.

David W. Saba, Wilkes-Barre, Pa., for Ettco Wire & Cable.

Bruce E. Barrett, Philadelphia, Pa., for Gerald Kaponigro and Home Owners Warranty Co.

William R. Hourican, Manta and Welge, Philadelphia, Pa., for Dow Chemical Co.

MEMORANDUM AND ORDER

NEALON, Chief Judge.

Currently before the court is third-party defendant Eaton Corporation's (Eaton) motion to dismiss Count III of the third-party complaint filed by William F. Rooney Electrical Contractor, Inc. (Rooney). For the reasons that follow, Eaton's motion will be denied.

Background

Robert and Fadua Bednarski, citizens of New Jersey, filed the above-captioned diversity action on June 15, 1987 as administrators...

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