filed: May 10, 1988.
GENERAL PUBLIC UTILITIES, METROPOLITAN EDISON CO., PENNSYLVANIA ELECTRIC CO., BABCOCK AND WILCOX, J. RAY MCDERMOTT CO., AND CATALYTIC, INC., APPELLANTS,
GLASS KITCHENS OF LANCASTER, INC., CHERRY LANE MOTOR INN CORP., CONTINENTAL INNS OF AMERICA, INC., T/A CONTINENTAL INN, JAMES COSGROVE D/B/A REVERE TAVERN AND BEST WESTERN REVERE MOTOR INN, NOAH N. MARTIN, CO., PENTIDATILLO CORP., D/B/A ITALIAN VILLA EAST, RICHARD M. RUTT, D/B/A RUTT'S TOURS, EARL REALTY, INC., THE AMISH HOMESTEAD, INC., ONE ROOM SCHOOLHOUSE, INC., HOMESTEAD GIFT SHOP, INC., TWO TWENTY-TWO CORPORATION, THOMAS E. STRAUSS, INC., TRIFON N. SKIADAS, NANDAS N. SKIADAS, GEORGE N. SKIADAS, PETER N. SKIADAS AND HARRY KEARES, T/A SKIADAS BROS. ENTERPRISES, FAMILY STYLE RESTAURANT, INC., AND HOST ENTERPRISES, INC., APPELLEES
Appeal from the Order of the Court of Common Pleas of Lancaster County, No. 1273-1985.
Alfred H. Wilcox, Philadelphia, for appellants.
Laurence S. Berman, Philadelphia, for appellees.
Cirillo, President Judge, and McEwen and Montemuro, JJ.
[ 374 Pa. Super. Page 204]
This is an appeal by permission from a certified interlocutory order denying appellants' motion for summary judgment.
The instant case was originally filed by appellees in the United States District Court for the Middle District of Pennsylvania but was transferred to the Court of Common Pleas of Lancaster County following the decision of the Third Circuit Court of Appeals in Stibitz v. General Public Utilities Corp., 746 F.2d 993 (3d Cir.1984), cert. den. 469 U.S. 1214, 105 S.Ct. 1187, 84 L.Ed.2d 334 (1985). In Stibitz,
[ 374 Pa. Super. Page 205]
the Third Circuit raised the issue of subject matter jurisdiction sua sponte and held that "plaintiffs' state law claims do not arise under the Price-Anderson Act" and their "federal law claims are 'wholly insubstantial' and provide no basis for federal jurisdiction." Id. at 996-997.
Appellees are corporations associated with the Pennsylvania Dutch tourist industry. Appellees' cause of action concerns the "nuclear incident" which occurred in March of 1979 at the Three Mile Island nuclear facility (hereinafter "TMI") located in Dauphin County, Pennsylvania.*fn1 Appellees' tourist businesses are located in Lancaster County and are more than twenty-five (25) miles from TMI. Appellees allege that the TMI nuclear incident caused a diminution in the number of tourists who visited Lancaster County. As a result, appellees' seek damages for economic loss. Appellees contend that the TMI nuclear incident was caused by the following actions of appellants:
(a) negligent, reckless, willful or wanton misconduct in the design, manufacture, construction, installation, operation, and maintenance of TMI and its reactors, machinery, equipment and facilities;
(b) negligent, reckless, willful or wanton misconduct in responding to and handling such accident, nuclear incident, and related series of events;
(c) defective manufacture, construction, design, and installation of the nuclear reactor, machinery, ...
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