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BERG CHILLING SYSTEMS, INC. v. HULL CORP.

Nos. 03-2977, 03-3020.

369 F.3d 745 (2004)

BERG CHILLING SYSTEMS, INC.; Acceptance Insurance Company v. HULL CORPORATION; SP Industries, Inc., d/b/a Hull Company, Defendants/Third-Party Plaintiffs v. Vicarb, Inc., Alfa Laval, Inc. Alfa Laval Vicarb, John L. Hull, Lewis W. Hull, Third Party Defendants Berg Chilling Systems, Inc., Appellant Berg Chilling Systems, Inc.; Acceptance Insurance Company v. Hull Corporation; SP Industries, Inc., d/b/a Hull Company, Defendants/Third-Party Plaintiffs v. Vicarb, Inc., Alfa Laval, Inc. Alfa Laval Vicarb, John L. Hull, Lewis W. Hull, Third Party Defendants SP Industries, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided May 25, 2004.

Attorney(s) appearing for the Case

John J. Soroko (argued), Patrick J. Loftus, James H. Steigerwald, Duane Morris, Philadelphia, PA, for Appellant-Appellee Berg Chilling Systems, Inc.

Michael O. Adelman (argued), Rebecca S. Rimmer, Michael P. Daly, Drinker, Biddle & Reath, Philadelphia, PA, for Appellee-Appellant SP Industries, Inc.

Before: SCIRICA, Chief Judge, and ROSENN and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL AND PROCEDURAL HISTORY

This matter comes on before this court on appeals by Berg Chilling Systems, Inc. ("Berg") and SP Industries, Inc. ("SPI") from an order for judgment entered by the district court on June 11, 2003, following a four-day bench trial in this breach of contract action. The district court set forth its opinion in Berg Chilling Systems, Inc. v. Hull Corp., No. Civ...

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