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GEBHARDT v. WILSON FREIGHT FORWARDING COMPANY

No. 15003.

348 F.2d 129 (1965)

Robert T. GEBHARDT, Administrator of the Estate of James Glenn Martin, Deceased, v. WILSON FREIGHT FORWARDING COMPANY, a Corporation, and Regis G. Lostetter, Administrator of the Estate of Richard R. Lostetter, Deceased. Wilson Freight Forwarding Company, a Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided July 12, 1965.

Attorney(s) appearing for the Case

Samuel M. Rosenzweig, Pittsburgh, Pa. (Arthur E. Siegel, Cincinnati, Ohio, on the brief), for appellant.

Paul E. Moses, Evans, Ivory & Evans, Pittsburgh, Pa. (Robert B. Ivory, Pittsburgh, Pa., on the brief), for plaintiff-appellee.

William J. Lancaster, Pittsburgh, Pa., for defendant-appellee.

Before KALODNER and SMITH, Circuit Judges, and KIRKPATRICK, District Judge.

WILLIAM F. SMITH, Circuit Judge.

The plaintiff brought this action under the Wrongful Death Act, 12 P.S. § 1601 and the Survival Act, 20 P.S. § 320.601 of Pennsylvania. He joined as defendants Wilson Freight Forwarding Co., a corporation, and the Administrator of the Estate of Richard R. Lostetter, deceased. The said Administrator filed an answer to the complaint and, in addition, a cross-claim in which he joined as a defendant only the said corporation...

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