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GERR v. EMRICK

No. 13119.

283 F.2d 293 (1960)

Stanley GERR and Carl Gerr, a Minor by Stanley Gerr, His Guardian, Appellants, v. Harry William EMRICK and Pennsylvania Turnpike Commission.

United States Court of Appeals Third Circuit.

Decided October 10, 1960.

Attorney(s) appearing for the Case

Macey E. Klein, Harrisburg, Pa. (Solomon Hurwitz, Hurwitz, Klein, Meyers & Benjamin, Harrisburg, Pa., on the brief), for appellants.

James K. Thomas, Harrisburg, Pa. (Heath L. Allen, Francis J. O'Gorman, Jr., Hull, Leiby and Metzger, Harrisburg, Pa., on the brief), for appellee Pa. Turnpike Commission.

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

KALODNER, Circuit Judge.

Is the Pennsylvania Turnpike Commission endowed with the attributes of the sovereign immunity of the Commonwealth of Pennsylvania with respect to actions for personal injuries and property damage on the Commission's alleged negligence in the construction, operation or maintenance of the Pennsylvania Turnpike?

That is the primary question presented by this appeal from the Order of the United States District Court for the Middle District...

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