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IN RE MERRITT LOGAN, INC.

Nos. 89-1522, 89-1523, 89-1524 & 89-1525.

901 F.2d 349 (1990)

In re MERRITT LOGAN, INC., Debtor-In-Possession. MERRITT LOGAN, INC. d/b/a Rancocas Thriftway v. FLEMING COMPANIES, INC.; Fleming Foods of Pennsylvania, Inc.; Hussman Refrigeration, Inc. and Engineering & Refrigeration, Inc., Appeal of ENGINEERING AND REFRIGERATION, INC., at No. 89-1522. In re MERRITT LOGAN, INC. Debtor-In-Possession. MERRITT LOGAN, INC. d/b/a Rancocas Thriftway, v. FLEMING COMPANIES, INC.; Fleming Foods of Pennsylvania, Inc.; Hussman Refrigeration, Inc.; and Engineering & Refrigeration, Inc. Appeal of HUSSMAN REFRIGERATION, INC., at No. 89-1523. In re MERRITT LOGAN, INC. Debtor-In-Possession. MERRITT LOGAN, INC. d/b/a Rancocas Thriftway, v. FLEMING COMPANIES, INC.; Fleming Foods of Pennsylvania, Inc.; Hussman Refrigeration, Inc.; and Engineering & Refrigeration, Inc. Appeal of MERRITT LOGAN, INC., at No. 89-1524. In re MERRITT LOGAN, INC. Debtor-In-Possession. MERRITT LOGAN, INC. d/b/a Rancocas Thriftway, v. FLEMING COMPANIES, INC.; Fleming Foods of Pennsylvania, Inc.; Hussman Refrigeration, Inc.; and Engineering & Refrigeration, Inc. Appeal of FLEMING COMPANIES, INC. and Fleming Foods of Pennsylvania, Inc. at No. 89-1525.

United States Court of Appeals, Third Circuit.

Decided April 23, 1990.

Attorney(s) appearing for the Case

Dennis L. Platt, (Argued), Terence P. Fenningham, Sweeney, Sheehan & Spencer, P.C., Philadelphia, Pa., for Engineering and Refrigeration, Inc.

Edward C. German, (Argued), Jeffrey N. German, German, Gallagher & Murtagh, Philadelphia, Pa., for Fleming Companies, Inc. and Fleming Foods of Pennsylvania, Inc.

Angelo L. Scaricamazza, Jr. (Argued), Naulty, Scaricamazza & McDevitt, Philadelphia, Pa., for Hussmann Refrigeration, Inc.

Kell M. Damsgaard, (Argued), J. Gordon Cooney, Jr. (Argued), Morgan, Lewis & Bockius, Philadelphia, Pa., for Merritt Logan, Inc.

Before HUTCHINSON, COWEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

In these consolidated appeals, the defendants, the seller, installer and manufacturer of a commercial refrigeration system, appeal separate money judgments that the United States District Court for the Eastern District of Pennsylvania entered in favor of the plaintiff, Merritt Logan, Inc. (Merritt Logan). Merritt Logan cross-appeals challenging several issues that the district court decided in...

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