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BERKOWITZ v. PHILADELPHIA CHEWING GUM CORPORATION

No. 13762.

303 F.2d 585 (1962)

Harry BERKOWITZ, Guardian of the Estate of Wilson Kinch, a Minor, and Wilson Kinch, Appellants, v. PHILADELPHIA CHEWING GUM CORPORATION.

United States Court of Appeals Third Circuit.

Decided May 31, 1962.

Attorney(s) appearing for the Case

Frank M. Jakobowski, Philadelphia, Pa., for plaintiff-appellant.

David L. Pennington, Philadelphia, Pa. (Joseph R. Thompson, Philadelphia, Pa., on the brief), for defendant-appellee.

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

BIGGS, Chief Judge.

The issue presented by the appeal at bar is said to be whether there has been a rejection of the provisions of The Pennsylvania Workmen's Compensation Act, 77 P.S. § 1 et seq., so as to allow a suit on behalf of the minor against his employer as at common law. For reasons which will appear hereinafter we do not reach this question.

Wilson Kinch, when he was 18 years old, got a job with the defendant, Philadelphia Chewing Gum Corporation...

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