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WATSONTOWN BRICK COMPANY v. HERCULES POWDER COMPANY

Nos. 16591, 16592.

387 F.2d 99 (1967)

WATSONTOWN BRICK COMPANY et al., Appellants in 16591, v. HERCULES POWDER COMPANY (Changed to Hercules Incorporated), Appellant in 16592.

United States Court of Appeals Third Circuit.

Decided November 28, 1967.

Rehearing Denied January 18, 1968.

Attorney(s) appearing for the Case

John C. Youngman, Candor, Youngman, Gibson & Gault, Williamsport, Pa., for appellants in No. 16,591 and for appellee in No. 16,592 Watsontown Brick Co., et al.

Seth McCormick, Lynn, Furst, McCormick, Muir, Lynn & Reeder, Williamsport, Pa. (S. Dale Furst, Jr., Paul W. Reeder, Williamsport, Pa., on the brief), for appellant in No. 16,592 and for appellees in No. 16,591 Hercules Powder Co., etc.

Before McLAUGHLIN, KALODNER and GANEY, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Plaintiff Watsontown Brick Company ("Watsontown") instituted this diversity action in the District Court against defendant Hercules, Incorporated ("Hercules"), a manufacturer and seller of explosives, to recover property damages and loss of profits it allegedly sustained as a result of a dynamite explosion occurring at its shale quarry on September 24, 1959. Hercules had sold the dynamite to Watsontown and, in connection...

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