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DAGOSTINE v. JOSEPH SCHLITZ BREWING CO.

Civ. A. No. 77-1890.

478 F.Supp. 38 (1979)

Charles L. DAGOSTINE and Emma Dagostine v. JOSEPH SCHLITZ BREWING CO., Winston-Salem Southbound Railroad Co., Norfolk and Western Railroad Co., Western Maryland Railroad Co., Reading Railroad Co., Lehigh Valley Railroad Co., and Evans Products Co. v. ROSS DISTRIBUTION COMPANY and Fruit Growers Express.

United States District Court, E. D. Pennsylvania.

October 4, 1979.

Attorney(s) appearing for the Case

Ronald W. Shipman, Easton, Pa., for plaintiffs.

J. D. Wilder, Philadelphia, Pa., for Evans Prod.

W. C. Worth, Jr., Allentown, Pa., for Schlitz.

Timothy B. Barnard, Media, Pa., Winston-Salem, co-counsel C. T. Toss, Winston-Salem, N.C., for Winston-Salem.

J. N. Ewing, Jr., Philadelphia, Pa. for Western-Maryland.

J. Paul Erwin, Jr., Philadelphia, Pa., for Reading Co.

J. D. DiGiacomo, Easton, Pa., for Fruit Growers.

H. P. Pudlin, Philadelphia, Pa., for Lehigh Valley.

MEMORANDUM

TROUTMAN, District Judge.

During the early morning hours of July 21, 1975, plaintiff, Charles L. Dagostine, an employee of third-party defendant Ross Distribution Company, went to the Lehigh Valley Depot to unload a cargo of beer products, which had been shipped by rail. After completely inspecting the exterior of the boxcar, finding no defects and ascertaining that the seals on the exterior doors were still intact, plaintiff broke the seal on...

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