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BARNARD v. PENNSYLVANIA RANGE BOILER COMPANY

Civ. A. No. 31887.

216 F.Supp. 560 (1963)

John W. BARNARD, Executor of the Estate of Susan P. Barnard, Deceased v. PENNSYLVANIA RANGE BOILER COMPANY, Inc., Pennsylvania-Bradford Appliance Corp., and Robertshaw-Fulton Controls Company.

United States District Court E. D. Pennsylvania.

April 30, 1963.

Attorney(s) appearing for the Case

Freedman, Landy & Lorry, by Milton M. Borowsky and Morris S. Finkel, Philadelphia, Pa., for plaintiff.

Murphy & Senesky, by John F. Dougherty, Jr., Philadelphia, Pa., for Pennsylvania Range Boiler Co., Pennsylvania-Bradford Appliance Corp., and Frick Co.

Pepper, Hamilton & Scheetz, by John B. Hannum, Philadelphia, Pa., for Robertshaw-Fulton Controls Co.

WOOD, District Judge.

Once again,1 we are asked to rule upon the defendants' motion to dismiss the plaintiff's amended complaint on the ground that it does not state a claim showing that the pleader is entitled to relief. Fed.R.Civ.P. 12(b) (6).

This is an action for damages arising out of injuries resulting in the death of the plaintiff's decedent in Massachusetts when a water heater exploded in her cellar.

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