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2-J CORP. v. TICE

No. 96-1943.

126 F.3d 539 (1997)

2-J CORPORATION t/a Dr. Feelgoode's, Appellant, v. William E. TICE, III, t/a Tice Construction Company; Jewell Building Systems, Inc.

United States Court of Appeals, Third Circuit.

Decided October 2, 1997.

Attorney(s) appearing for the Case

Stephen A. Cozen (argued), Richard C. Bennett, Deborah M. Minkoff, Cozen and O'Connor, Philadelphia, PA, for Appellant.

John C. McNamara (argued), Butler & McNamara, Philadelphia, PA, for Appellee.

Before: STAPLETON and LEWIS, Circuit Judges, and WALLS, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

We are here asked to resolve whether under Pennsylvania law a commercial purchaser of a pre-engineered warehouse may recover in tort from the manufacturer of the warehouse for damage caused to its contents when the warehouse collapsed. The district court concluded that the Supreme Court of Pennsylvania would interpret the economic loss doctrine as barring tort recovery in these circumstances. We will reverse...

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