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AMERICAN ENKA CO. v. WICACO MACH. CORP.

Nos. 82-1080, 82-1109.

686 F.2d 1050 (1982)

AMERICAN ENKA COMPANY, Appellant in No. 82-1080, v. WICACO MACHINE CORP. AMERICAN ENKA COMPANY v. WICACO MACHINE CORP., Appellant in No. 82-1109.

United States Court of Appeals, Third Circuit.

Decided August 16, 1982.

Attorney(s) appearing for the Case

Patrick T. Ryan (argued), James S. Gkonos, Drinker, Biddle & Reath, Philadelphia, Pa., for plaintiff-appellant/cross-appellee.

J. Stokes Adams, III (argued), Hepburn, Ross, Willcox & Putnam, Philadelphia, Pa., for defendant-appellee/cross-appellant.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question for decision in this diversity case tried non-jury under Pennsylvania law is whether, in the absence of agreement, goods lost by a bailee are valued at the time of bailment or at the time the bailor demands their return. The district court determined damages based on the value of the goods at the time of bailment and the bailor appeals. The bailee's cross-appeal requires us to decide as a threshold...

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