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FRANKEL v. BURKE'S EXCAVATING, INC.

Civ. A. Nos. 32830, 32831.

223 F.Supp. 945 (1963)

Alvin H. FRANKEL, Administrator of the Estate of Gregory J. Gallagher, Deceased, v. BURKE'S EXCAVATING, INC., and Rose Borkowski, Administratrix of the Estate of Charles Borkowski, also known as Charles S. Borkowski, Deceased, and Bryn Mawr Trust Co. and Edward Borkowski, Executors of the Estate of Michael Borkowski, also known as Michael S. Borkowski, Deceased. Alvin H. FRANKEL, Administrator of the Estate of Alan D. Wylie, III, Deceased, v. BURKE'S EXCAVATING, INC., and Rose Borkowski, Administratrix of the Estate of Charles Borkowski, also known as Charles S. Borkowski, Deceased, and Bryn Mawr Trust Co. and Edward Borkowski, Executors of the Estate of Michael Borkowski, also known as Michael S. Borkowski, Deceased.

United States District Court E. D. Pennsylvania.

November 18, 1963.

Attorney(s) appearing for the Case

Richard C. Bond, Jr., Philadelphia, Pa., for plaintiffs.

Elston C. Cole, Philadelphia, Pa., for Burke's Excavating, Inc.

WOOD, District Judge.

Both of the above wrongful death and survival actions seek to recover damages for the resulting deaths of two deceased minors who drowned when they fell through ice which covered a water-filled hole on property of Burke's Excavating, Inc.1

This is a motion by original defendant to join the respective parents of the deceased minors in the above actions. Burke seeks this joinder on the basis of the parents'...

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