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HAHN v. BUCYRUS-ERIE CO.

No. 10023.

178 F.2d 844 (1950)

HAHN v. BUCYRUS-ERIE CO.

United States Court of Appeals Third Circuit.

Decided January 6, 1950.

Attorney(s) appearing for the Case

B. Nathaniel Richter, Philadelphia, Pa. (Richter, Lord & Farage, Philadelphia, Pa., on the brief), for appellant.

Owen B. Rhoads, Philadelphia, Pa. (Harold P. Dicke, Philadelphia, Pa., Barnes, Dechert, Price & Myers, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, GOODRICH and HASTIE, Circuit Judges.

PER CURIAM.

This is an appeal by the plaintiff from a judgment entered on a verdict for the defendant in a civil action of negligence for personal injuries. The plaintiff was an employee of Fauzio Brothers and was injured while working on the erection of a walking drag line excavator. The machinery being erected had been purchased from the defendant by Fauzio Brothers for use in their strip mining operations. The contract of sale provided that Fauzio

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