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BASTIAN v. BALTIMORE & O. R. CO.

Nos. 8382-8387.

144 F.2d 120 (1944)

BASTIAN et al. v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Third Circuit.

Decided July 21, 1944.

Attorney(s) appearing for the Case

Lee C. McCandless, of Butler, Pa., for appellants.

Sebastian C. Pugliese, of Pittsburgh, Pa. (Margiotti, Pugliese & Casey, of Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.

BIGGS, Circuit Judge.

The appeals in the cases at bar, which grow out of six actions sounding in trespass instituted by the personal representatives of decedents, present a puzzle in "presumptions".1 Since the cases came into the District Court by reason of diversity of citizenship the substantive rights of the parties must be determined by the law of Pennsylvania. Erie R. Co. v. Tompkins, 304 U.S. 64, 58...

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