Legal Opinion

2-J Corporation v. Tice

Court of Appeals for the Third Circuit

Decided October 2, 1997No. 96-1943UnknownCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

We are here asked to resolve whether under Pennsylvania law a commercial purchaser of a pre-engineered warehouse may recover in tort from the manufacturer of the warehouse for damage caused to its contents when the warehouse collapsed. The district court concluded that the Supreme Court of Pennsylvania would interpret the economic loss doctrine as barring tort recovery in these circumstances. We will reverse the district court’s grant of summary judgment for the manufacturer and remand for further proceedings.

I

Plaintiff-appellant 2-J Corporation is…

2Cases cited22 opinions

  1. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  2. Kassab v. SoyaSupreme Court of Pennsylvania · 1968
  3. Dowling v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1988
  4. Neibarger v. Universal Coopertives, Inc.Michigan Supreme Court · 1992
  5. Aloe Coal Company and Commercial Union Insurance Company v. Clark Equipment Co.Court of Appeals for the Third Circuit · 1987

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3Cited by1 opinion

  1. 33 Ucc rep.serv.2d 791, prod.liab.rep. (Cch) P 15,107 2-J Corporation T/a Dr. Feelgoode's v. William E. Tice, Iii, T/a Tice Construction Company Jewell Building Systems, IncCourt of Appeals for the Third Circuit · 1997

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