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MILWAUKEE GEAR COMPANY v. CHARLES BENJAMIN, INC.

Nos. 71-1700 to 71-1706.

466 F.2d 588 (1972)

MILWAUKEE GEAR COMPANY v. CHARLES BENJAMIN, INC., et al., Appellants in 71-1700. CAMPBELL SOUP COMPANY, Appellant in 71-1701, v. CHARLES BENJAMIN, INC., et al. CAMPBELL SOUP COMPANY v. CHARLES BENJAMIN, INC., et al., Appellants in 71-1702. NAGER ELECTRIC CO., INC., Appellant in 71-1703, v. CHARLES BENJAMIN, INC., et al. NAGER ELECTRIC CO., INC. v. CHARLES BENJAMIN, INC., et al. Appellants in 71-1704. WESTERN GEAR CORPORATION v. CHARLES BENJAMIN, INC., Appellant in 71-1705. WESTERN GEAR CORPORATION v. BENJAMIN WAREHOUSE CO., INC., et al., Appellants in 71-1706.

United States Court of Appeals, Third Circuit.

Decided September 7, 1972.

Attorney(s) appearing for the Case

Stephen A. Cozen, Philadelphia, Pa., for Charles Benjamin, Inc. and others, appellees.

J. Paul Erwin, Jr., White & Williams, Philadelphia, Pa., for Western Gear Corp., appellee.

Francis E. Marshall, Marshall, Dennehey & Warner, Philadelphia, Pa. (Stephen A. Cozen, Orlofsky, Cozen & Begier, Philadelphia, Pa., on the brief), for Charles Benjamin, Inc., and others, and Benjamin Warehouse Co., Inc. and others, appellants.

Lewis Weinstock, LaBrum & Doak, Philadelphia, Pa. (Anthony F. Walsh, Philadelphia, Pa., on the brief), for Campbell Soup Co. and Nager Electric Co., appellants and appellees.

Before SEITZ, Chief Judge, and GIBBONS and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

MAX ROSENN, Circuit Judge.

This is an appeal from judgments entered by the United States District Court for the Eastern District of Pennsylvania in five actions, consolidated for trial, in which plaintiffs sought to recover damages for losses of machinery and equipment stored by them in the defendants' warehouse. Both the plaintiffs and the defendants in this diversity tort action have appealed...

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