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HEALEY v. CITY OF WILKES-BARRE

Civ. A. No. 3313.

83 F.Supp. 53 (1949)

HEALEY v. CITY OF WILKES-BARRE, LUZERNE COUNTY, PA.

United States District Court, M. D. Pennsylvania.

March 8, 1949.

Attorney(s) appearing for the Case

Arthur A. Maguire and Frank McGuigan, both of Wilkes-Barre, Pa., for plaintiff.

Thomas Byron Miller and Howard E. Kennedy, both of Wilkes-Barre, Pa., for defendant.

MURPHY, District Judge.

Plaintiff, a citizen of New Jersey, seeks to recover damages for the death of his son who was drowned in the defendant's swimming pool. Defendant is a municipal corporation in Pennsylvania.

Defendant city moves to dismiss plaintiff's action which charges it with negligence in the maintenance, management and supervision of a swimming pool in its public park.

Defendant contends that it was acting in the performance of a governmental...

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