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HIGGINS ERECTORS & HAULERS v. E.E. AUSTIN & SON

Civ. A. Nos. 87-237 Erie, 88-127 Erie.

714 F.Supp. 756 (1989)

HIGGINS ERECTORS & HAULERS, INC., v. E.E. AUSTIN & SON, INC., v. HAMMERMILL PAPER COMPANY, v. SANDWELL INTERNATIONAL, INC.; Swan Wooster Engineering, Inc.; and their successors, Schuchart & Associates Inc.; Sandwell Swan Wooster, Inc. (a Canadian corporation); and Sandwell Swan Wooster, Inc. (a Georgia corporation), v. J.C. WILLIAMSON COMPANY. HIGGINS ERECTORS & HAULERS, v. HAMMERMILL PAPERS GROUP, A DIVISION OF HAMMERMILL PAPER COMPANY, v. E.E. AUSTIN & SON, INC.; Sandwell International, Inc.; and their successors, Schuchart & Associates, Inc.; Sandwell Swan Wooster, Inc. (a Canadian corporation); and Sandwell Swan Wooster, Inc. (a Georgia corporation).

United States District Court, W.D. Pennsylvania.

June 5, 1989.

Attorney(s) appearing for the Case

Barry L. Radlin, Duke Holzman Yaeger & Radlin, Buffalo, N.Y., for Higgins.

Wm. Patrick Delaney, Marsh Spaeder Baur Spaeder & Schaaf, Erie, Pa., for E.E. Austin.

Roger H. Taft, Dale Huntley, MacDonald Illig Jones & Britton, Erie, Pa., for Hammermill.

Kenneth D. Chestek, Murphy Taylor and Adams, Erie, Pa., for Sandwell.

Joseph Martone, Erie, Pa., and James C. Kletter, Springer, Bush & Perry, Pittsburgh, Pa., for J.C. Williamson.

OPINION

GERALD J. WEBER, District Judge.

We are herein confronted with a classic example of what is commonly referred to as "passing the buck." The particular "buck" with which we are concerned has been passed no less than seven times. The opportunity has now come for us to step in and determine where the buck stops.

I. Facts

The basic facts upon which these cases arise are fairly simple, and begin in May, 1984. Hammermill Paper...

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