EMOR, INC. v. CYPRUS MINES CORPORATION

Civ. A. No. 68-821.

325 F.Supp. 931 (1970)

EMOR, INC., and Delcalo, Inc., Plaintiffs and Counterdefendants, v. CYPRUS MINES CORPORATION, Defendant and Counterclaimant, v. ALUMINUM COMPANY OF AMERICA, Counterdefendant.

United States District Court, W. D. Pennsylvania.

Opinion on Motion to Alter or Amend April 1, 1971.


Attorney(s) appearing for the Case

Frank L. Seamans, of Eckert, Seamans & Cherin, Pittsburgh, Pa., for Emor, Inc. and Delcalo, Inc., plaintiffs and counterdefendants, and Aluminum Co. of America, counterdefendant.

Bruce A. Bevan, Jr., of Musick, Peeler & Garrett, Los Angeles, Cal., and W. Walter Braham, Jr., of Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for Cyprus Mines Corp., defendant and counterclaimant.


OPINION AND ORDER

MARSH, Chief Judge.

This diversity ex-contractu case was tried non-jury. The stipulations of the parties were made part of the evidence. The Pennsylvania conflict of laws rules apply. Klaxon Co. v. Stentor Co., 313 U.S. 487, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941). The contracts to be construed are a Sales Agreement (PX 110) and a Letter Agreement (PX 146) which involved a sale by plaintiffs and counterdefendants...

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