VIRGINIA HEART INSTITUTE v. NORTHWEST PA. BANK

Civ. A. No. 77-122 Erie.

448 F.Supp. 215 (1978)

VIRGINIA HEART INSTITUTE, LTD., a Virginia Corporation, Plaintiff, v. NORTHWEST PENNSYLVANIA BANK & TRUST COMPANY, a Pennsylvania Corporation, Elizabeth Breene Gilger, an Individual, and Sally Breene Huxley, an Individual, Executors of the Estate of George A. Breene, Deceased, Defendants.

United States District Court, W. D. Pennsylvania.

April 4, 1978.


Attorney(s) appearing for the Case

Ray C. Stoner and Michael R. Borasky, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for plaintiff.

John M. McLaughlin, James T. Marnen, Knox, Graham, McLaughlin, Gornall & Sennett, Inc., Erie, Pa., for defendants.


OPINION

WEBER, Chief Judge.

The parties are Plaintiff, as Lessee of an expensive piece of diagnostic medical equipment, and Defendants, as Lessors. The equipment was destroyed in a fire. Plaintiff demands that Defendants replace the equipment and Defendants have declared the lease terminated. Count I of the Complaint is based on a contractual cause of action. Count II asserts a cause of action in negligence for the failure of Defendants to secure the proper...

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