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J. E. FALTIN MOTOR TRANSP., INC. v. EAZOR EXPRESS, INC.

No. 12952.

273 F.2d 444 (1959)

J. E. FALTIN MOTOR TRANSPORTATION, INC., a Corporation v. EAZOR EXPRESS, INC., a Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided December 7, 1959.

As Amended January 13, 1960.

Rehearing Denied January 14, 1960.

Attorney(s) appearing for the Case

Henry M. Wick, Jr., Pittsburgh, Pa. (John A. Vuono, Samuel P. Delisi, Delisi & Wick, Pittsburgh, Pa., on the brief), for appellant.

James P. Gill, Pittsburgh, Pa. (Ronald J. McKay, Pittsburgh, Pa., on the brief), for appellee.

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

GOODRICH, Circuit Judge.

This appeal from a judgment for the plaintiff in an action for breach of contract involves responsibility of defendant for the destruction of a trailer leased by plaintiff to defendant. See D.C.W.D.Pa. 1959, 172 F.Supp. 175. Federal jurisdiction is based on diversity of citizenship between a New Hampshire corporation and a Pennsylvania corporation. The contract between the parties was entered into in Pennsylvania...

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