United States Gypsum Company, Appellant/cross-Appellee v. Schiavo Brothers, Inc., Appellee/cross-Appellant

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

I

While one man’s junk may be another man’s profit, there comes a point where clearing junkyard remnants constitutes a substantial financial cost. Here we are required to decide whether under Pennsylvania law the landlord or the primary lessee should bear the costs of clearing the junk left by the sublessees in this case. During the last three years, two district judges have been sorting out the appropriate property and damage doctrines to determine who pays for removal of the junk and other alleged damages arising out of the…