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GREAT ATLANTIC & PACIFIC TEA CO. v. BOYLES

No. 6832.

102 F.2d 343 (1939)

GREAT ATLANTIC & PACIFIC TEA CO. v. BOYLES et al.

Circuit Court of Appeals, Third Circuit.

February 14, 1939.

Attorney(s) appearing for the Case

Chas. E. Kenworthy, of Philadelphia, Pa., for appellant.

Laurence H. Eldredge and Montgomery & McCracken, all of Philadelphia, Pa. (James Weinroth, of Cecilton, Md., and Philip C. Pendleton, of Philadelphia, Pa., of counsel), for plaintiffs-appellees.

Arthur P. Bretherick, of Darby, Pa., for appellee Borough of Darby.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

MARIS, Circuit Judge.

The plaintiffs, May Boyles and George W. Boyles, her husband, brought suit in the court below against the Borough of Darby to recover for injuries sustained by Mrs. Boyles while walking upon a defective sidewalk in front of 872 Main Street, Darby. Under the Pennsylvania procedure then followed in the court below the borough brought in by writs of scire facias Jennie Gottlieb Bron and the Great Atlantic...

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