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THOMPSON v. HARRY C. ERB, INC.

No. 11940.

240 F.2d 452 (1957)

Joseph THOMPSON and Leola Thompson, His Wife, Appellants, v. HARRY C. ERB, Inc.

United States Court of Appeals Third Circuit.

Decided January 16, 1957.

Attorney(s) appearing for the Case

Samuel P. Lavine, Philadelphia, Pa. (Blanc, Steinberg, Balder & Steinbrook, Philadelphia, Pa., on the brief), for appellants.

Joseph X. Heincer, Philadelphia, Pa. (Robert C. Kitchen, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

In 1953, defendant-appellee entered into a contract with the City of Philadelphia to repair and repave the track area of Lancaster Avenue, Philadelphia from 50th Street to 51st Street. By the contract, the defendant (party of the second part) agreed inter alia as follows:

"Party of the second part shall be alone liable and responsible for, and shall pay, any and all loss and damage sustained by any person or party either during...

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