Holt Hauling & Warehousing Systems, Inc. v. Rapistan, Inc.

OPINION

DITTER, District Judge.

The question in this diversity case is whether plaintiffs claim to be a third-party creditor beneficiary of a contract is barred by res judicata. For the reasons hereafter stated, I conclude plaintiffs arguments were fully considered by the courts of Pennsylvania which determined that under state law plaintiff was not a third-party beneficiary. Therefore, defendant’s motion for judgment on the pleadings must be granted.

I. Factual and Procedural Background 1

In March, 1970, the Pennsylvania Liquor Control Board (PLCB) awarded to defendant, Rapistan, Inc., a…