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TOMLINSON v. TRUSTEES OF UNIVERSITY OF PENNSYLVANIA

No. 12694.

266 F.2d 569 (1959)

Ephraim TOMLINSON, 2d, Administrator of the Estate of Glenn R. Wenrich, Deceased, Appellant, v. TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA (Defendant and Third Party Plaintiff); Franklin X-Ray Corporation and Eugene P. Pendergrass, M.D., John F. McCarthy, Inc. (Third Party Defendant) and Picker X-Ray Corporation (Third Party Defendant).

United States Court of Appeals Third Circuit.

Filed April 27, 1959.

Attorney(s) appearing for the Case

James W. Tracey, 3d, Philadelphia, Pa., (John Stewart, Jr., Raspin, Espenshade, Heins, Erskine & Stewart, Philadelphia, Pa., on the brief), for appellant.

Michael A. Foley, Philadelphia, Pa., (John J. Tinaglia, Philadelphia, Pa., on the brief), for appellee.

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

PER CURIAM.

Plaintiff's decedent, Wenrich, employed by J. R. McCarthy, Inc., as an electrician, on March 16, 1956, while engaged in installing an intercommunications system in the radiology department of the University of Pennsylvania Hospital, was electrocuted by high voltage wires in a "crawl-space". The original complaint, asserting several acts of negligence by the respective defendants, was filed against The Trustees of the University of Pennsylvania (Trustees...

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