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McLENAGHAN v. BILLOW

No. 12629.

260 F.2d 360 (1958)

James McLENAGHAN, Administrator of the Estate of James Murray, Appellant, v. Robert A. BILLOW.

United States Court of Appeals Third Circuit.

Decided November 17, 1958.

Rehearing Denied December 5, 1958.

Attorney(s) appearing for the Case

Benjamin Pomerantz, Philadelphia, Pa. (Maurice A. Hartnett, III, Dover, Del., on the brief), for appellant.

William Prickett, Wilmington, Del. (William F. Taylor, Prickett & Prickett, Wilmington, Del., on the brief), for appellee.

Before MARIS, KALODNER and HASTIE, Circuit Judges.

PER CURIAM.

The plaintiff administrator appeals from a summary judgment entered against him in the District Court for the District of Delaware in an action brought to recover damages for the wrongful death of his decedent who was killed when an automobile driven by the defendant struck him while he was walking on a highway at night south of Dover. The facts are fully stated in the opinion filed in the District Court by Judge Layton, 161 F.Supp. 835...

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