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  5. 894 F.Supp. 862 (1995)
 

DELAWARE COCA-COLA BOTTLING v. S & W PETROLEUM SERVICE

No. 4:CV-94-1630.

894 F.Supp. 862 (1995)

DELAWARE COCA-COLA BOTTLING COMPANY, INC., Plaintiff, v. S & W PETROLEUM SERVICE, INC., Defendant.

United States District Court, M.D. Pennsylvania.

August 2, 1995.

Attorney(s) appearing for the Case

Joel R. Burcat, Craig P. Wilson, Kirkpatrick & Lockhart LLP, Harrisburg, PA, for plaintiff.

James K. Thomas, II, Richard C. Seneca, Thomas, Thomas & Hafer, Harrisburg, PA, for defendant.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

On October 5, 1994, plaintiff Delaware Coca-Cola Bottling Company, Inc., initiated this action with the filing of a complaint alleging that defendant S & W Petroleum Service, Inc., is responsible for the release of fuel oil at a facility owned by plaintiff. The release was discovered on October 10, 1988. Plaintiff has withdrawn two counts of the complaint, those for negligence (Count...

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