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KAPLAN v. EXXON CORP.

Civil Action No. 95-CV-1942.

926 F.Supp. 59 (1996)

Aaron KAPLAN and Judith Kaplan v. EXXON CORPORATION v. JAMES J. ANDERSON CONSTRUCTION, CO., INC. and James D. Morrissey, Inc.

United States District Court, E.D. Pennsylvania.

May 13, 1996.

Attorney(s) appearing for the Case

Richard J. Heleniak, Cutler, Clemm & Morris, P.C., Plymouth Meeting, PA, for Plaintiffs.

Richard E. Stabinski, Phillips and Phelan, Philadelphia, PA, for Defendant: Exxon Corp.

Elizabeth Utz Witmer, Duane, Morris & Heckscher, Wayne, PA, for Defendant: James J. Anderson Construction Co., Inc.

Mary Kay Schwemmer, White and Williams, Philadelphia, PA, for Defendant: James D. Morrissey, Inc.

MEMORANDUM

JOYNER, District Judge.

This action arises under our diversity jurisdiction. The following facts are culled from the Complaint as well as evidence proffered to this Court in the briefing of this Motion for Summary Judgment. Disputed facts will be noted as such.

On March 22, 1993, Plaintiff Judith Kaplan was waiting for a SEPTA bus with three other people on Levick Street in Philadelphia, Pennsylvania in front of property owned by Defendant...

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