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QUINN v. SIMONDS ABRASIVE CO.

No. 10796.

199 F.2d 416 (1952)

QUINN v. SIMONDS ABRASIVE CO.

United States Court of Appeals Third Circuit.

Decided October 21, 1952.

Attorney(s) appearing for the Case

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

Philip Price, Philadelphia, Pa. (Robert M. Landis, Philadelphia, Pa., Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

GOODRICH, Circuit Judge.

This appeal raises three points. It is an action brought in a federal court in Pennsylvania for an alleged wrongful death in Ohio. The action was brought after one year but before two years had elapsed. The plaintiff claims that because of the construction by the Supreme Court of Pennsylvania of the 1937 Survival Statute, 20 P.S. c. 3 Appendix, § 772, the Pennsylvania decision of Rosenzweig v. Heller, 1931, 302 Pa. 279, 153 A. 346, is...

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