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HOFFMAN v. A. B. CHANCE CO.

Civ. No. 71-137.

346 F.Supp. 991 (1972)

Alvin H. HOFFMAN and Fay Hoffman, Plaintiffs, v. A. B. CHANCE CO., Third-Party Plaintiff and Defendant. MINNESOTA AUTOMOTIVE, INC., Defendant, v. BOROUGH OF MIFFLINBURG and Mifflinburg Power and Light Company, Third-Party Defendants.

United States District Court, M. D. Pennsylvania.

As Amended August 18, 1972.

Attorney(s) appearing for the Case

Allen E. Ertel, John C. Youngman, Jr., Williamsport, Pa., for plaintiffs.

Arthur Silverblatt, Wilkes-Barre, Pa., for third-party plaintiff and defendant A. B. Chance Co.

Greevy, Knittle & Mitchell, Williamsport, Pa., for defendant Minnesota Automotive, Inc.

H. Clay McCormick, Williamsport, Pa. for third-party defendants Borough of Mifflinburg and Mifflinburg Power and Light Co.

OPINION

MUIR, District Judge.

Before the Court is a motion filed by Defendant A. B. Chance Co. ("Chance") to dismiss the fifth and sixth counts of Plaintiffs' second amended complaint. This motion will be denied.

I. The Fifth Counts

The background of Plaintiffs' action has been stated in a previous opinion of this Court:

"[T]his action stems from extremely serious personal injuries [allegedly] suffered by Plaintiff Alvin Hoffman...

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