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MOORE v. UNITED STATES

Civ. A. No. 26811.

217 F.Supp. 289 (1963)

Carolyn D. MOORE, Administratrix of the Estate of Phillip P. Morello, Deceased, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Jay ASTER, Individually and T/A Wingate Construction Company, Third-Party Defendant, Cross-Claimant and Cross-Claim Defendant, and Philadelphia Electric Company, Third-Party Defendant, Cross-Claimant and Cross-Claim Defendant, and Russell W. Morello and Anthony Morello, Individually and as Partners T/A Russell W. Morello Excavating and Paving Contractor, Third-Party Defendant, Cross-Claimant and Cross-Claim Defendant.

United States District Court E. D. Pennsylvania.

March 21, 1963.

Attorney(s) appearing for the Case

Elwood S. Levy, Philadelphia, Pa., for plaintiff.

John J. Harding, Asst. U. S. Atty., for United States of America.

James J. McCabe, Jr., and Richard M. Rosenbleeth, Philadelphia, Pa., for Aster.

John J. McDevitt, 3rd, Philadelphia, Pa., for Philadelphia Electric Co.

Daniel J. Ryan, Philadelphia, Pa., and William F. Fox, Norristown, Pa., for Morellos.

VAN DUSEN, District Judge.

This case is now before the court on post-trial motions1 of the parties following a finding for the defendant2 by the trial judge in this personal injury action brought under the Federal Tort Claims Act, 28 U.S.C.A. § 2674. There is substantial evidence in the record to have justified the fact finder's accepting this factual situation:

The accident occurred on September...

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