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ARKWRIGHT MUTUAL INS. CO. v. PHILADELPHIA ELECTRIC CO.

Nos. 17875-17877.

427 F.2d 1273 (1970)

ARKWRIGHT MUTUAL INSURANCE CO., Appellant, v. PHILADELPHIA ELECTRIC COMPANY. SUD AMERICA TERRESTRE Y MARITIMA, Appellant, v. PHILADELPHIA ELECTRIC COMPANY. WILBUR ROGERS, INC., Appellant, v. PHILADELPHIA ELECTRIC COMPANY v. ARKWRIGHT MUTUAL INSURANCE COMPANY (Third-Party Defendant).

United States Court of Appeals, Third Circuit.

Decided July 1, 1970.

Rehearing Denied July 27, 1970.

Attorney(s) appearing for the Case

George E. Beechwood, Beechwood & Levitt, Chester Springs, Pa., for Arkwright Mut. Ins. Co.

Bernard J. McLafferty, Norristown, Pa., for Sud America Terrestre Y Maritima.

Bancroft D. Haviland, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for Wilbur Rogers, Inc.

John R. McConnell, Morgan, Lewis, & Bockius, Philadelphia, Pa. (Raymond T. Cullen, Jr., Philadelphia, Pa., on the brief), for appellee.

Before KALODNER and ALDISERT, Circuit Judges, and HIGGINBOTHAM, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In the early morning hours of December 24, 1959, a fire destroyed the "Bargain City U.S.A." shopping center in Horsham, Pennsylvania. As a result, appellants instituted separate diversity actions in the district court alleging that Philadelphia Electric Company, a supplier of gas to the premises, had negligently caused the fire.1 Specifically, it was averred that the utility company...

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