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BOGACKI v. AMERICAN MACHINE & FOUNDRY COMPANY

No. 17427.

417 F.2d 400 (1969)

John F. BOGACKI and Mary Ann Bogacki, a partnership doing business as Royal Lanes, Appellants, v. AMERICAN MACHINE & FOUNDRY COMPANY, a Corporation.

United States Court of Appeals Third Circuit.

Decided September 30, 1969.

Rehearing Denied November 4, 1969.

Attorney(s) appearing for the Case

Louis C. Glasso, Pittsburgh, Pa., (Gerald N. Ziskind, E. B. Strassburger, III, Pittsburgh, Pa., on the brief), for appellants.

John F. Potter, MacDonald, Illig, Jones & Britton, Erie, Pa., (John E. Britton, Erie, Pa., on the brief), for appellee.

Before BIGGS, FREEDMAN and STAHL, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

On October 18, 1965 a fire destroyed a commercial bowling establishment in Ridgway, Pennsylvania, owned and operated by the plaintiffs-appellants, the Bogackis, husband and wife. The physical plant was completed in July 1958 and consisted of a one-floor concrete block shell, with a permastone facade and a "Rilco" laminated wood 50' × 135' "O-truss" roof. The construction of the unit, excepting the plumbing...

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