BERG CHILLING SYSTEMS, INC. v. HULL CORP.

No. 04-3589.

435 F.3d 455 (2006)

BERG CHILLING SYSTEMS, INC., Appellant v. HULL CORPORATION; SP Industries, Inc.

United States Court of Appeals, Third Circuit.

Filed January 31, 2006.


Attorney(s) appearing for the Case

John J. Soroko (Argued), Patrick J. Loftus, James H. Steigerwald, Duane Morris LLP, Philadelphia, PA, for Appellant.

Michael O. Adelman (Argued), Michael P. Daly, Kathryn E. Bisordi, Drinker Biddle & Reath LLP, Philadelphia, PA, for Appellees SP Industries, Inc.

Before ALITO, AMBRO, and LOURIE, Circuit Judges.


ALITO, Circuit Judge.

Berg Chilling Systems ("Berg") appeals a judgment entered by the United States District Court for the Eastern District of Pennsylvania. In the earlier proceedings, Berg sought a judgment rendering SP Industries ("SPI") liable for breach of contract, most recently based on the theory that SPI assumed liability when it purchased the assets of an entire division of the Hull Corporation ("Hull"), the original party to the contract. Because we find...

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