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KING v. HILTON-DAVIS

No. 87-1716.

855 F.2d 1047 (1988)

KING, Naaman E. and King, Marian v. HILTON-DAVIS, a/k/a Hilton-Davis Chemical Company, a Division of Sterling Drug, Inc.; Terwin Chemicals, Inc.; Hilton-Davis Group and Washburn Potato Company and Kearney, Frank S. Sr. Frank S. Kearney, Sr. & Sons. Appeal of HILTON-DAVIS.

United States Court of Appeals, Third Circuit.

Decided August 23, 1988.

Rehearing and Rehearing Denied September 19, 1988.

Attorney(s) appearing for the Case

Louis Bell (Argued), Liebert, Short, Fitzpatrick & Hirshland, Philadelphia, Pa., for appellant.

James H. Thomas (Argued), Blakinger, Byler, Thomas & Chillas, P.C., Lancaster, Pa., for appellee.

Before HIGGINBOTHAM, STAPLETON, and GREENBERG, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 19, 1988.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

This diversity action brings before us once again the problem of ascertaining the boundary between tort and contract. We find that the plaintiffs' product liability claims were for economic loss resulting from injury only to the product itself, and accordingly conclude that the principles of East River Steamship Corp. v. Transamerica Delaval...

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