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UNITED McGILL CORP. v. GERNGROSS CORP.

No. 81-2911.

689 F.2d 52 (1982)

UNITED McGILL CORPORATION, Appellant, v. GERNGROSS CORPORATION, Aetna Casualty & Surety Co., Somers Construction Co., Inc., Fidelity and Deposit Company of Maryland v. Thomas E. LITTLE and David E. Baker, i/a/t/a/d/b/a Little & Baker and Wilkes-Barre General Hospital.

United States Court of Appeals, Third Circuit.

Decided September 27, 1982.

Attorney(s) appearing for the Case

Kenneth M. Cushman, A. Paul Woolls (argued), Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellant, United McGill Corp.

Charles A. Shaffer (argued), Flanagan, McFadden, Biscontini & Shaffer, Wilkes-Barre, Pa., for appellees, Gerngross Corp. and Aetna Casualty & Surety Co.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

United McGill Corporation appeals from a directed verdict in its diversity action for the recovery of the purchase price of materials allegedly sold and delivered to Gerngross Corporation and Little & Baker (L & B). Since the evidence presented a jury question as to Gerngross' liability, we reverse.

The evidence at trial suggests that L & B, a sub-subcontractor, ordered materials from United...

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