FAST v. SHANER

No. 10218.

183 F.2d 504 (1950)

FAST, Incorporated v. SHANER et al.

United States Court of Appeals Third Circuit.

Decided July 6, 1950.


Attorney(s) appearing for the Case

Thomas Raeburn White, Philadelphia, Pa. (W. Thomas McGann, Moorestown, N. J., C. Laurence Cushmore, Jr., White, Williams & Scott, all of Philadelphia, Pa., on the brief), for appellant.

Robert V. Bolger, 2d, Philadelphia, Pa., (Frank Rogers Donahue, Philadelphia, Pa., on the brief), for appellees.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.


GOODRICH, Circuit Judge.

This is an action to recover damages for breach of contract. It is in federal court by reason of diversity of citizenship only. Therefore, our problems are to find, first, what state law is applicable and, second, to ascertain what that law is. The action was brought in the United States District Court for the Eastern District of Pennsylvania. We therefore apply the choice of law rules which a Pennsylvania court would apply.

The first...

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