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PICKING v. PENNSYLVANIA R. CO.

No. 8663.

152 F.2d 753 (1945)

PICKING et al. v. PENNSYLVANIA R. CO. et al.

Circuit Court of Appeals, Third Circuit.

October 3, 1945.

Attorney(s) appearing for the Case

Ida M. Picking, for appellants.

Spencer G. Nauman, of Harrisburg, Pa., for Pennsylvania R. R. Co.

Edmund C. Wingerd, of Chambersburg, Pa., for Benedict et al.

James A. Strite, of Chambersburg, Pa. (Edwin D. Strite, of Chambersburg, Pa., on the brief), for Kell et al.

Wm. M. Rutter, of Reading, Pa. (James H. Duff, Atty. Gen., on the brief), for Arthur H. James et al.

Before BIGGS, Circuit Judge, and FORMAN, and LEAHY, District Judges.

BIGGS, Circuit Judge.

All of the Pennsylvania defendants have joined in a petition for rehearing asserting three grounds therefor common to them all. The defendant Roy G. Kell also asserts another ground peculiar to him.

First, the defendants state that the plaintiffs, pursuant to Rule 15(a) of the Rules of Civil Procedure, 28 U.S.C.A. following section § 723c, filed an amendment to the complaint, allowed as of course under the rule, striking out the...

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