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RHONE POULENC RORER PHARMAC. v. NEWMAN GLASS WORKS

No. 95-2022.

112 F.3d 695 (1997)

RHONE POULENC RORER PHARMACEUTICALS INC.; Turner Construction Co., Appellants, v. NEWMAN GLASS WORKS; Employers Insurance Of Wausau, Appellees, v. SPECTRUM GLASS PRODUCTS, INC.; Interpane Coatings, Inc.; Interpane Acquisition Co.; CUH2A Architects, Engineers, Planners.

United States Court of Appeals, Third Circuit.

Decided May 5, 1997.

Sur Petition for Rehearing June 4, 1997.

Attorney(s) appearing for the Case

Joyce K. Hackenbrach (Argued), Charles E. Harris, Pepper, Hamilton & Scheetz, Philadelphia, Pennsylvania, for Appellants.

A. Christopher Young (Argued), Piper & Marbury, L.L.P., Philadelphia, Pennsylvania, for Appellees.

Before: ALITO, McKEE and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Plaintiff Turner Construction Company ("Plaintiff") appeals from an order of the district court granting Defendant Newman Glass Works' ("Defendant") motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b). The district court exercised diversity jurisdiction. We have jurisdiction under 28 U.S.C. § 1291. The parties agree that Pennsylvania law governs this matter.

I....

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