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GIARDINA v. SOLOMON

Civ. A. No. 72-205.

360 F.Supp. 262 (1973)

Jay A. GIARDINA, Plaintiff, v. Gerard A. SOLOMON and Beta Mu Chapter, Tau Kappa Epsilon Fraternity, a/k/a Bucknell University Chapter of Tau Kappa Epsilon Fraternity, Defendants.

United States District Court, M. D. Pennsylvania.

June 13, 1973.

Attorney(s) appearing for the Case

Donald G. Douglass, Gelb & Myers, Scranton, Pa., Thomas C. Raup, Williamsport, Pa., for plaintiff.

Kenneth R. Bayless, Hazleton, Pa., John C. Youngman, Sr., Williamsport, Pa., for defendants.

OPINION

MUIR, District Judge.

Defendant Tau Kappa Epsilon Fraternity has filed a motion for summary judgment which will be denied for the reasons set forth briefly below.

In his complaint, Plaintiff alleges that he was assaulted by Defendant Solomon while Solomon was intoxicated. Plaintiff asserts that the Defendant fraternity served liquor to Solomon and that it was negligent in so doing because Solomon was both highly intoxicated and a minor. The...

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