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FENNELL v. MONONGAHELA POWER COMPANY

No. 9914.

350 F.2d 867 (1965)

Rella F. FENNELL, Administratrix of the Estate of Donald M. Fennell, Deceased, Appellant, v. MONONGAHELA POWER COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 9, 1965.

Attorney(s) appearing for the Case

Robert E. Walsh, Pittsburgh, Pa. (Suto, Goldstein, Balzarini & Walsh, Pittsburgh, Pa., on brief), for appellant.

James M. Guiher, Clarksburg, W. Va. (Ernest R. Bell, Russell L. Furbee, Fairmont, W.Va., Steptoe & Johnson, Clarksburg, W.Va., and Furbee & Hardesty, Fairmont, W.Va., on brief), for appellee.

Before SOBELOFF and BRYAN, Circuit Judges, and WINTER, District Judge.

PER CURIAM:

Diversity jurisdiction was disavowed by the United States District Court in West Virginia in the plaintiff's suit for the wrongful death there of a Pennsylvania citizen caused by a West Virginia corporation. The plaintiff, a citizen of Pennsylvania, had been appointed in that State, and she sued presently, as the administratrix of the intestate decedent. The ruling first recognized that the West Virginia statute vested such a cause of action in the decedent...

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