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WESTERN U. TEL. CO. v. N. C. DIRENZI, INC.

Civ. A. No. 77-137.

442 F.Supp. 1 (1977)

The WESTERN UNION TELEGRAPH COMPANY, Plaintiff, v. N. C. DIRENZI, INC., et al., Defendants, v. CITY OF PHILADELPHIA et al., Third-party Defendants.

United States District Court, E. D. Pennsylvania.

September 21, 1977.

Attorney(s) appearing for the Case

Thomas J. Elliott, Philadelphia, Pa., for plaintiff.

Steinberg & Girsh, Philadelphia, Pa., for N. C. Direnzi, Inc.

Gabriel Bevilacqua, Asst. City Sol., Philadelphia, Pa., for third-party defendant City of Philadelphia.

William J. O'Brien, Philadelphia, Pa., for third-party defendant American Tel. and Tel. Co.

Joseph R. Livesey, Philadelphia, Pa., for third-party defendant Phila. Electric.

OPINION AND ORDER

A. LEON HIGGINBOTHAM, Jr., District Judge.

I.

This is a diversity action in which plaintiff, Western Union Telegraph Company, brought suit against N. C. Direnzi, Inc.1 and George K. Heebner, Inc., alleging negligence in the performance of excavation work in Philadelphia. Plaintiff claims that, as a result of the defendants' failure to locate the Western Union cables within the excavation site, the...

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