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RUPE v. STATE PUBLIC SCHOOL BUILDING AUTHORITY

Civ. A. No. 64-1335.

245 F.Supp. 726 (1965)

Elizabeth RUPE, Administratrix of the Estate of Walter A. Kozel, o/w Walter Kozel, o/w Walter A. Koziot, deceased, Plaintiff, v. STATE PUBLIC SCHOOL BUILDING AUTHORITY, a public corporation, Joseph Triglia, an individual, Chicago Pump Company, a subsidiary of F.M.C. Corporation, a foreign corporation, and Robert A. Bruno and Company, Inc., a Pennsylvania corporation, Defendants.

United States District Court W. D. Pennsylvania.

August 17, 1965.

Attorney(s) appearing for the Case

Veto J. Rich, Pittsburgh, Pa., for plaintiff.

James W. Evans, Harrisburg, Pa., and Joseph M. Gelman, Pittsburgh, Pa., for defendant State Public School Building Authority.

Joseph E. Schmitt, Pittsburgh, Pa., for defendant Chicago Pump Co.

ROSENBERG, District Judge.

The State Public School Building Authority and the Chicago Pump Company, two of the four defendants, have here filed a number of motions. Chicago Pump Company withdrew its motions on August 6th, 1965; those of the State Public School Building Authority remain. The action was brought by the plaintiff under the Pennsylvania Wrongful Death Act and the Survival Statute.

The Authority's motion is based upon the defenses that (1) the action...

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