Court of Appeals for the Third Circuit December 23, 1981, 81-1168, 81-1272 and 81-1273 (United States Gypsum Company, Appellant/cross-Appellee v. Schiavo Brothers, Inc., Appellee/cross-Appellant)

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United States · · · 23-12-1981

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.

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