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HAMMERMILL PAPER CO. v. PIPE SYSTEMS

Civ. A. No. 83-001 Erie.

581 F.Supp. 1189 (1984)

HAMMERMILL PAPER COMPANY, Plaintiff, v. PIPE SYSTEMS, INC., Defendant and Third-Party Plaintiff, v. PHILLIPS DRISCOPIPE, INC. and McCullough Associates, Inc. of Murfreesboro, Tennessee, Third-Party Defendants.

United States District Court, W.D. Pennsylvania.

March 7, 1984.

Attorney(s) appearing for the Case

John M. Wolford, MacDonald Illig Jones & Britton, Erie, Pa., for plaintiff.

Theodore F. Schwartz, Barry S. Ginsburg, Clayton, Mo., John G. Gent, Erie, Pa., for Pipe Systems, Inc.

Mark E. Mioduszewski, Erie, Pa., for Phillips Driscopipe, Inc.

Paul W. Roman, Jr., Dickie, McCamey & Chilcote, Pittsburgh, Pa., Kenneth G. Vasil, Elderkin, Martin, Kelly, Messina & Zamboldi, Erie, Pa., for McCullough.

OPINION

WEBER, District Judge.

The third-party defendant Phillips Driscopipe, Inc. (hereinafter "Phillips") has moved for summary judgment based, in part, upon a limitation provision governing warranty actions found in a distributor's agreement executed jointly with the third-party plaintiff Pipe Systems, Inc. (hereinafter "Pipe Systems").

Pipe Systems is a Missouri corporation who supplied the plaintiff Hammermill Paper Company (hereinafter "Hammermill...

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