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McDOWELL v. KIEHEL

No. 3310.

6 F.2d 337 (1925)

McDOWELL et al. v. KIEHEL.

Circuit Court of Appeals, Third Circuit.

June 23, 1925.

Attorney(s) appearing for the Case

F. B. Bracken and J. Frederick Martin, both of Philadelphia, Pa., for plaintiffs in error.

Robert T. McCracken and Roberts & Montgomery, all of Philadelphia, Pa., for defendant in error.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and MORRIS, District Judge.

BUFFINGTON, Circuit Judge.

On the basis of divided citizenship, Stephen R. Kiehel brought suit in the court below against Harold D. McDowell and Wesley J. McDowell, executors of Wesley S. McDowell, to recover damages for injuries suffered by him when struck by an auto truck operated by a driver in the employ of the defendants, who had continued and were then carrying on the lumber business of the decedent. Subsequently, and over their objection, the plaintiff was...

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