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PENNSYLVANIA GLASS SAND, CORP. v. CATERPILLAR TRACTOR CO.

No. 80-2389.

652 F.2d 1165 (1981)

PENNSYLVANIA GLASS SAND CORPORATION, Appellant, v. CATERPILLAR TRACTOR COMPANY, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 30, 1981.

Rehearing Denied July 24, 1981.

Attorney(s) appearing for the Case

Christopher C. Fallon, Jr., Stephen Cozen (argued), Cozen, Begier & O'Connor, Philadelphia, Pa., for appellant.

Theodore W. Flowers, Lawrence T. Bowman (argued), White & Williams, Philadelphia, Pa., for appellee.

Before ADAMS, ROSENN and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In litigation involving an alleged defective product, the tort theory of products liability, derived from § 402A of the Restatement (2d) of Torts, often overlaps with the contract theory of warranties, embodied in §§ 2-314 and 2-315 of the Uniform Commercial Code. This appeal presents the question of which types of defects or injuries are to be committed...

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