PITTSBURGH RAILWAYS CO. v. THE EQUITABLE LIFE ASSUR. SOC.

No. 13311.

288 F.2d 640 (1961)

PITTSBURGH RAILWAYS COMPANY, a Pennsylvania corporation, Appellant, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, a New York corporation.

United States Court of Appeals Third Circuit.

Decided April 3, 1961.


Attorney(s) appearing for the Case

Clyde A. Armstrong, Pittsburgh, Pa., (Thorp, Reed & Armstrong, Pittsburgh, Pa., on the brief), for appellant.

David B. Buerger, Pittsburgh, Pa., (Donald L. McCaskey, William Y. Rodewald, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.


GOODRICH, Circuit Judge.

This is an appeal from a summary judgment entered for the defendant in a contract case. The parties are in federal court by reason of diversity only; the plaintiff is a Pennsylvania corporation and the defendant a New York corporation. The trial judge, in an opinion which carefully analyzed the transactions between the parties, found as a fact that there was "no genuine issue as to any material facts" and, therefore, entered summary judgment...

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