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DOW v. CARNEGIE-ILLINOIS STEEL CORPORATION

No. 10946.

224 F.2d 414 (1955)

Harriet DOW, Administratrix of the Estate of Paul Dow, Deceased, Appellant, v. CARNEGIE-ILLINOIS STEEL CORPORATION.

United States Court of Appeals Third Circuit.

Decided June 13, 1955.

Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for appellant.

Ira R. Hill, Pittsburgh, Pa. (Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellee.

Charles C. Hewitt, Pittsburgh, Pa. (Earl F. Reed, William H. Eckert, Vincent M. Casey, Nicholas Unkovic, Harold E. McCamey, Robert B. Ivory, Bernard Goodman, Watson B. Adair, Edward C. Boyle, Fulton B. Flick, Pittsburgh, Pa., on the brief), for Rules Committee of United States District Court for Western Dist. of Pennsylvania, intervenor.

D. Malcolm Anderson, Jr., Asst. U. S. Atty., Pittsburgh, Pa., Lawrence K. Bailey, Washington, D. C. (John W. McIlvaine, U. S. Atty., W. D. Pennsylvania, Pittsburgh, Pa., Kevin T. Maroney, Atty., Department of Justice, Washington, D. C., on the brief), for the United States, amicus curiae.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

This is an appeal from a judgment for the defendant in a personal injury action brought under the Jones Act, 46 U.S.C.A. § 688, and tried by a jury.

I.

The first trial of this case in 1946 resulted in a verdict for the defendant, D.C. W.D.Pa.1947, 70 F.Supp. 1016, which was reversed by this court because of error in the admission of certain evidence...

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