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GIFFIN v. ENSIGN

No. 11665.

234 F.2d 307 (1956)

Neal H. GIFFIN and Dorothy L. Giffin v. John B. ENSIGN, George F. Burnett Company, Inc., The Timken Detroit Axle Company, and the Studebaker Corporation, John B. Ensign and George F. Burnett Company, Inc., Appellants.

United States Court of Appeals Third Circuit.

Decided June 8, 1956.

Attorney(s) appearing for the Case

John H. Bream, Harrisburg, Pa. (Michael T. Morris, Harrisburg, Pa., on the brief), for appellants.

F. Brewster Wickersham, Harrisburg, Pa. (Metzger, Wickersham & Knauss, Edward E. Knauss, III, Harrisburg, Pa., Heffner & DeForrest, M. B. DeForrest, Huntingdon, Pa., on the brief), for Giffin et al.

James K. Thomas, Harrisburg, Pa. (Arthur H. Hull, Hull, Leiby & Metzger, Harrisburg, Pa., on the brief), for Studebaker Corp.

Earl V. Compton, Harrisburg, Pa. (Compton, Handler & Berman, Harrisburg, Pa., on the brief), for Timken-Detroit Axle Co.

Before BIGGS, Chief Judge, and KALODNER and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

This appeal is concerned with a negligence action arising out of a collision in Pennsylvania between an automobile belonging to the plaintiffs, the Giffins, and a truck owned by the defendant, George F. Burnett Company, Inc., and driven by the defendant Ensign in the course of his employment by Burnett. The complaint charges negligence in the operation of the Burnett truck on the part of Ensign and negligence on the part of the defendant, Timken...

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