Second suit taps Ogden

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The only thing more tenacious than a beer-drinking journalist, possibly, is a Philadelphia lawyer with a class-action lawsuit.

Ogden Entertainment, the company that serves up short cups of beer and overpriced hot dogs at Veterans Stadium, now has two of the latter on its case.

A day after company execs sweated through Joe Sixpack’s damning City Council testimony about the beer scam at the Vet, another lawyer joined the fray.

William G. “Billy” Schwartz, son of former City Council President George X. Schwartz, said yesterday that he, too, has filed a class-action lawsuit against Ogden.

The complaint, along with another filed last month by a pair of Northeast Philadelphia mechanics, accuses the stadium concessionaire of consumer fraud.

It was sparked by a Joe Sixpack investigation that revealed Ogden’s 12- and 18-ounce cups of draft beer were missing one or two ounces apiece. The situation costs ballpark imbibers an estimated half-million dollars.

“The consumer – the Joe Sixpacks of the world – expects a full cup,” said Schwartz.

Steve Levin, an attorney who filed the first class-action lawsuit, said the two actions had been consolidated and will be heard as one case. The case likely will not go to court before this autumn.

Ogden, still stinging from Council testimony on Wednesday, replied to the lawsuit with a faxed 62-word statement:

“Ogden has never mislead [sic] any customer, contrary to one-sided newspaper reports and claims made in this lawsuit. We’ve always served fans a properly filled cup of beer and have never misrepresented the number of ounces in each cup. This lawsuit – just like Joe Sixpack’s coverage – is absurd, and we look forward to presenting the facts in a court of law. ”

If Ogden loses, a judge could force the company to shell out rebates or – be still, my pounding heart – free beer for all baseball fans.

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