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MAZER v. LIPSCHUTZ

Nos. 14238-14239.

327 F.2d 42 (1963)

Milton MAZER, Administrator of the Estate of Israel Abrams, deceased, Appellant, v. Hattie LIPSCHUTZ, Executrix of the Estate of Benjamin Lipschutz, deceased, Appellee. Milton MAZER, Administrator of the Estate of Israel Abrams, deceased, Appellant, v. Dr. Peter CHODOFF, Defendant and Third-Party Plaintiff, v. Hattie LIPSCHUTZ, Executrix of the Estate of Benjamin Lipschutz, Deceased, and The Albert Einstein Medical Center, Southern Division, Third-Party Defendants, Appellees.

United States Court of Appeals Third Circuit.

Decided December 30, 1963.

Rehearing Denied February 26, 1964.

Attorney(s) appearing for the Case

Harvey B. Levin, Lazarus & Levin, Philadelphia, Pa. (Bernstein & Bernstein, Philadelphia, Pa., on the brief), for appellant.

John B. Martin, Philadelphia, Pa. (John M. Ross, Duane, Morris & Heckscher, Philadelphia, Pa., on the brief), for appellee Lipschutz.

Francis E. Shields, Philadelphia, Pa. (Pepper Hamilton & Scheetz, Philadelphia, Pa., on the brief), for appellee Dr. Peter Chodoff.

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

Rehearing Denied in No. 14238 February 26, 1964.

BIGGS, Chief Judge.

Jurisdiction in the suits at bar is based on diversity and jurisdictional amount. The operative facts occurred in Pennsylvania and the law of that Commonwealth therefore is applicable. The jury could have found the following from the evidence.

Israel Abrams was an Assistant Professor of Mathematics at Drexel Institute and was admitted to The Albert Einstein Medical Center, Southern...

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