KEYSTONE AERONAUTICS CORP. v. R. J. ENSTROM CORP.

Civ. A. No. 72-232.

364 F.Supp. 1063 (1973)

KEYSTONE AERONAUTICS CORPORATION, a corporation, Plaintiff, v. R. J. ENSTROM CORPORATION, a corporation, Defendant and Third-Party Plaintiff, v. FOUNDRY ALLIED INDUSTRIES, INC., a corporation, Third-Party Defendant.

United States District Court, W. D. Pennsylvania.

August 16, 1973.


Attorney(s) appearing for the Case

John T. Tierney, III, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for plaintiff.

Kenneth S. Robb, Meyer, Darragh, Buckler, Bebenek & Eck, Randall J. McConnell, Jr., Dickie, McCamey & Chilcote, Pittsburgh, Pa., for defendant


MEMORANDUM AND ORDER

McCUNE, District Judge.

This litigation arose out of the crash of a helicopter sold by the defendant to the plaintiff.

The matter is now before the court on defendant's motion for summary judgment. The central question presented is whether strict liability imposed by § 402A Restatement, (Second), Torts, may be waived in a commercial contract between two corporations for the sale of goods.

By a purchase agreement...

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