PUBLICKER INDUSTRIES, INC. v. ROMAN CERAMICS CORP.

No. 80-2378.

652 F.2d 340 (1981)

PUBLICKER INDUSTRIES, INC. and Continental Distilling Corporation v. ROMAN CERAMICS CORPORATION, Publicker Industries, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 26, 1981.


Attorney(s) appearing for the Case

Harold Cramer, Anthony E. Creato (argued), Jeffrey Cooper, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for appellant.

Thomas P. Preston (argued), Duane Morris & Hecksher, Philadelphia, Pa., Meyer J. Myer, Myer, New, Berlin & Braude, Chicago, Ill., for appellee.

Before ADAMS, ROSENN and HUNTER, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This contract action presents the question whether the seller, Roman Ceramics Corporation, must seek breach-of-contract relief from Continental Distilling Corporation, with whom Roman shares a common state of incorporation, or whether, on the contrary, Roman is entitled to full relief from Publicker Industries, Inc., a party whose citizenship is diverse from Roman's. If the former route is necessary, the case must...

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