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MITCHELL v. AMERICAN TOBACCO COMPANY

Civ. A. No. 6539.

183 F.Supp. 406 (1960)

Gladys I. MITCHELL, Administratrix of Estate of William K. Mitchell, Sr., deceased, Plaintiff, v. AMERICAN TOBACCO COMPANY and P. Lorillard Company, Defendants.

United States District Court M. D. Pennsylvania.

April 27, 1960.

Attorney(s) appearing for the Case

Paul J. Smith, Richard L. Kearns, Harrisburg, Pa., for plaintiff.

Nauman, Smith, Shissler & Hall, Harrisburg, Pa., for defendant American Tobacco Co.

Hull, Leiby & Metzger, Harrisburg, Pa., Thorp, Reed & Armstrong, Pittsburgh, Pa., for defendant P. Lorillard Co.

FOLLMER, District Judge.

This matter is before the Court on motion of defendant P. Lorillard Company to dismiss the Complaint. The action is filed by Gladys I. Mitchell, Administratrix of the Estate of William K. Mitchell, Sr., deceased, against American Tobacco Company and P. Lorillard Company.

Jurisdiction is based on diversity.

Count 1 of the Complaint is a claim for damages under Pennsylvania Survival Act of April 18, 1949, P.L. 512, as amended...

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