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BURNS v. GOLDBERG

Nos. 11122, 11128.

210 F.2d 646 (1954)

BURNS v. GOLDBERG et al. (MALAMUT, third party defendant). Appeal of MALAMUT. Appeal of GOLDBERG et al.

United States Court of Appeals, Third Circuit.

Decided February 24, 1954.

Attorney(s) appearing for the Case

Lynne L. Detweiler, Philadelphia, Pa. (Swartz, Campbell & Henry, Philadelphia, Pa., on the brief), for Malamut.

Henry T. Reath, Philadelphia, Pa. (John B. Martin, Duane, Morris & Heckscher, Philadelphia, Pa., on the brief), for Goldberg et al.

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

Before MARIS, STALEY and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

The fatal injury of a Philadelphia housewife in a traffic accident in that city is the basis of this suit wherein decedent's administratrix asserts claims under the Pennsylvania Wrongful Death Act and the Pennsylvania Survival Act.1 The litigation is in federal court solely under diversity jurisdiction and it is clear and undisputed that all controverted issues are ruled by the law of Pennsylvania.

The decedent...

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