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KANE v. THE BOC GROUP

No. 99-2035.

234 F.3d 160 (2000)

Helen KANE, v. The BOC GROUP, INC., Third Party Plaintiff, v. Quality Foods Co., Third Party Defendant, The BOC Group, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed October 17, 2000.

Attorney(s) appearing for the Case

Mark R. Rosen, Esquire (Argued) Barrack, Rodos & Bacine, 2001 Market Street 2200 Two Commerce Square Philadelphia, PA 19103

Anthony Watkins, Esquire Lisa A. Watkins, Esquire Mesirov, Gelman, Jaffe, Cramer & Jamieson 1735 Market Street, 37th Floor Philadelphia, PA, 19103-7598, Attorneys for Appellant.

Audrey J. Copeland, Esquire Charles W. Craven, Esquire (Argued) Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103.

John L. Slimm, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 200 Lake Drive East Woodland Falls Corporate Park Suite 300 Cherry Hill, N.J. 08002, Attorneys for Appellee.

Before: ALITO, ROTH and AMBRO, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

The BOC Group, Inc., leased a cryogenic screw auger to Quality Foods Company under an agreement that Quality Foods would provide a safe work place and protect its employees against injury. Helen Kane, a Quality Foods employee, was cleaning condensation from the ceiling in the area of the screw auger when her right arm became entangled in it. Her arm was trapped for nearly two hours and was amputated as a result of...

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