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BEDNARSKI v. HIDEOUT HOMES & REALTY INC.

Civ. No. 87-0831.

711 F.Supp. 823 (1989)

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.

March 21, 1989.

Attorney(s) appearing for the Case

Ronald J. Mishkin and 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., (Michael H. King, Eric S. Palles and Jeffrey E. Rogers, Ross and Hardies, Chicago, Ill., of counsel), for Eaton Corp.

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, District Judge.

Currently before the court is a motion for partial summary judgment filed by defendant William F. Rooney Electrical Contractor, Inc. For the reasons that follow, defendant's motion will be denied.

BACKGROUND

The factual background of this diversity action is contained in this court's Memorandum and Order of November 30, 1988 and will not be reiterated here at length, 709 F.Supp...

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