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WISEMAN v. UNITED STATES

Nos. 14363, 14424.

327 F.2d 701 (1964)

Barbara P. WISEMAN, Administratrix of the Estate of Boyd Lee Wiseman, Deceased, v. UNITED STATES of America, v. CITY SERVICE CLEANING CONTRACTORS, INC., and Zurich Insurance Company, Zurich Insurance Company, Appellant. Barbara P. WISEMAN, Administratrix of the Estate of Boyd Lee Wiseman, Deceased, v. UNITED STATES of America, v. CITY SERVICE CLEANING CONTRACTORS, INC., and Zurich Insurance Company, United States of America, Appellant.

United States Court of Appeals Third Circuit.

Decided February 18, 1964.

Attorney(s) appearing for the Case

Robert E. Wayman, Pittsburgh, Pa., for appellant Zurich Ins. Co.

Edward Berlin, Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Gustave Diamond, U. S. Atty., Sherman L. Cohn, Edward Berlin, Attys., Dept. of Justice, Washington, D. C., for the United States.

Edward J. Balzarini, Alexander L. Suto, Samuel L. Goldstein, Suto, Power, Goldstein & Walsh, Pittsburgh, Pa., for appellee Barbara P. Wiseman.

Louis T. Katusin, Associate Counsel, Judson E. Ruch, Chief Counsel, State Workmen's Ins. Fund, Walter E. Alessandroni, Atty. Gen. of Pennsylvania, for City Service Cleaning Contractors, Inc.

Before McLAUGHLIN, HASTIE and FORMAN, Circuit Judges.

FORMAN, Circuit Judge.

In the present case Barbara P. Wiseman, the widow of Boyd Lee Wiseman and the administratrix of her husband's estate, brought a suit against the United States under the Federal Tort Claims Act.1 She has claimed damages under Pennsylvania's Wrongful Death Act2 and Survival of Action Statute.3 The essence of her complaint alleges that the Government's negligent...

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