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GERHART v. HENRY DISSTON AND SONS, INC.

Nos. 13242, 13243.

290 F.2d 778 (1961)

Clarence D. GERHART et al., v. HENRY DISSTON AND SONS, INC., Appellant, v. H. K. PORTER COMPANY, Inc., and H. K. Porter Company, Inc. of Pittsburgh. K. KNUDTSON et al., v. HENRY DISSTON AND SONS, INC., Appellant, v. H. K. PORTER COMPANY, Inc., and H. K. Porter Company, Inc. of Pittsburgh.

United States Court of Appeals Third Circuit.

Decided April 28, 1961.

Rehearing Denied June 16, 1961.

Attorney(s) appearing for the Case

Daniel Mungall, Jr., Philadelphia, Pa. (S. Gordon Elkins, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., on the brief), for appellant.

Philip H. Strubing, Philadelphia, Pa. (William R. Klaus, K. Robert Conrad, Pepper, Hamilton & Scheetz, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN and HASTIE, Circuit Judges, and FORMAN, Senior Circuit Judge.

FORMAN, Senior Circuit Judge.

This is an appeal in consolidated third party actions by Henry Disston and Sons, Inc., (Disston) against H. K. Porter Company, Inc., and H. K. Porter Company, Inc. of Pittsburgh (Porter).1 Two suits in the nature of class actions had been brought against Disston by former employees. In the first, Clarence D. Gerhart, et al. (No. 13,242) were plaintiffs and in the other the plaintiffs were K. Knudtson, et al...

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