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JOHNSON v. BALTIMORE & O. R. CO.

No. 11118.

208 F.2d 633 (1953)

JOHNSON v. BALTIMORE & O. R. CO.

United States Court of Appeals Third Circuit.

Decided December 18, 1953.

Rehearing Denied January 25, 1954.

Attorney(s) appearing for the Case

Marvin D. Power, Pittsburgh, Pa. (Margiotti & Casey, Pittsburgh, Pa., on the brief), for appellant.

P. J. McArdle, Pittsburgh, Pa. (James P. McArdle, Pittsburgh, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

This is an action brought by the administratrix of a decedent under the Pennsylvania Fiduciaries Act of 19171 to recover damages for an alleged wrongful death. The acts complained of, the injury and the death all occurred in Pennsylvania. The only basis for federal jurisdiction is diversity and the substantive law rules which govern are those of Pennsylvania. It may be said at the outset that the case presents...

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