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KRUEGER ASSOC. v. AMERICAN DIST. TELEGRAPH CO.

Nos. 00-1125, 00-1138.

247 F.3d 61 (2001)

KRUEGER ASSOCIATES, INC., Individually and Trading as National Fulfillment Services, v. The AMERICAN DISTRICT TELEGRAPH COMPANY OF PENNSYLVANIA; ADT Security Systems, Inc., ADT Security Systems Inc., Defendant/Third-Party Plaintiff, v. Eugene Krueger, Individually d/b/a Holmes Corporate Center d/b/a Holmes Industrial Office Center; Samuel Mendicino, Individually d/b/a Holmes Corporate Center d/b/a Holmes Industrial Office Center, Third-Party Defendants/Appellants, (No. 00-1125) Krueger Associates, Inc., Appellant (00-1138).

United States Court of Appeals, Third Circuit.

Filed April 13, 2001.

Attorney(s) appearing for the Case

Timothy T. Myers, Esquire (Argued), John M. Elliott, Esquire Patricia C. Collins, Elliott, Reihner, Siedzikowski & Egan, P.C., Esquire Blue Bell, PA, Attorneys for Plaintiff/Appellant.

Howard J. Bashman, Esquire (Argued), Jeremy D. Mishkin, Esquire Jill Baisinger, Montgomery, McCracken, Walker & Rhoads, LLP, Frederick T. Lachat, Jr. (Argued), Esquire Margolis (Argued) Margolis Edelstein, Esquire Philadelphia, PA, Attorneys for Defendants and Third-Party Plaintiffs/Appellees.

Jeffrey B. McCarron, Esquire (Argued), Swartz, Campbell & Detweiler, Philadelphia, PA, Attorneys for Third-Party Defendants/Appellants.

Before ROTH and BARRY, Circuit Judges, and SHADUR, District Judge.

OPINION OF THE COURT

SHADUR, District Judge:

This appeal stems from a fire that occurred on February 4, 1992 at a corporate office building owned by one of the appellants in this action, Holmes Corporate Center ("Holmes"). Krueger Associates, Inc., individually and trading as National Fulfillment Services ("National Fulfillment"), a commercial tenant at the corporate center whose offices were damaged by the fire, is the other appellant.

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