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MAYS v. LIBERTY MUTUAL INSURANCE COMPANY

No. 14323.

323 F.2d 174 (1963)

Edward Aaron MAYS, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY.

United States Court of Appeals Third Circuit.

Decided August 28, 1963.

Rehearing Denied October 7, 1963.

Attorney(s) appearing for the Case

Harry Lore, Dorfman, Pechner, Sacks & Dorfman, Philadelphia, Pa., for appellant.

Edward W. Madeira, Jr., Philadelphia, Pa. (J. B. H. Carter, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and STALEY and FORMAN, Circuit Judges.

STALEY, Circuit Judge.

Plaintiff Edward Aaron Mays instituted this diversity action against Liberty Mutual Insurance Company, the insurance carrier of his employer, alleging that the latter's negligence in failing to properly inspect the employer's premises caused injury to him. The question presented is whether the suit is barred by the Pennsylvania Workmen's Compensation Act. 77 Purdon's Pa.Stat.Ann. §§ 1-1025. The district court concluded that the insurer...

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