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JOHNSON v. SWORD LINE, INC.

No. 12383.

257 F.2d 541 (1958)

Edward JOHNSON, Appellant, v. SWORD LINE, INC., a New York Corporation.

United States Court of Appeals Third Circuit.

Decided July 15, 1958.

As Amended August 13, 1958.

Attorney(s) appearing for the Case

Donald J. Farage, Philadelphia, Pa., for appellant.

Harrison G. Kildare, Philadelphia, Pa. (Rawle & Henderson and Thomas F. Mount, Philadelphia, Pa., on the brief), for Sword Lines.

Frederick L. Fuges, Philadelphia, Pa. (Edmund B. Spaeth, Jr. and MacCoy, Evans & Lewis, Philadelphia, Pa., on the brief), for American Mut. Liability Ins. Co.

Before BIGGS, Chief Judge, and GOODRICH and McLAUGHLIN, Circuit Judges.

BIGGS, Chief Judge.

This is the second time this case has been before us on appeal. Our previous opinion is reported at 1957, 240 F.2d 954. Upon remand, for the reasons stated hereinafter, the court below granted a motion for summary judgment filed by Sword, D.C.E.D.Pa.1957, 153 F.Supp. 691, and the second or instant appeal followed.

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