Nos. 13719 and 13720.

302 F.2d 27 (1962)

Howard JAMISON, Administrator of the Estate of Julius Colosimo, Deceased, v. DI NARDO, INC., a Corporation, Appellant, v. EQUITABLE GAS COMPANY, a Corporation.

United States Court of Appeals Third Circuit.

Decided March 14, 1962.

Attorney(s) appearing for the Case

Kim Darragh, Pittsburgh, Pa. (Meyer, Darragh, Buckler & Bebenek, Pittsburgh, Pa., on the brief), for appellant.

James P. McArdle, Pittsburgh, Pa. (Donald J. Barley and McArdle, Harrington & McLaughlin, Pittsburgh, Pa., on the brief), for appellee.

William J. Lancaster, Pittsburgh, Pa., for Equitable Gas Co.

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

McLAUGHLIN, Circuit Judge.

The judgments appealed from are based on jury verdicts in favor of the plaintiff against the defendant under the Pennsylvania Wrongful Death and Survivor Acts respectively and a judgment in favor of the third-party defendant and against the defendant as third-party plaintiff.

On October 29, 1956, plaintiff's decedent, Julius Colosimo, was a crew foreman employed by Equitable Gas Company, the third-party defendant. On that date the...

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