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YEAGER v. J. R. CHRIST CO.

Nos. 15303, 15304.

364 F.2d 96 (1966)

Marion YEAGER, Administratrix of the Estate of Robert W. Trate, Deceased, Appellant, v. J. R. CHRIST CO., Inc., William Campbell and Spring Township v. WEST WYOMISSING FIRE CO. Marion YEAGER, Administratrix of the Estate of Robert W. Trate, Deceased, Appellant, v. MAST ENGINEERING COMPANY, Inc., and Gerald G. Wassner.

United States Court of Appeals Third Circuit.

Decided August 8, 1966.

Attorney(s) appearing for the Case

Arthur G. Raynes, Philadelphia, Pa. (Richter, Lord, Toll & Cavanaugh, Philadelphia, Pa., on the brief), for appellant in both cases.

Daniel J. Ryan, Philadelphia, Pa. (John J. Walsh, Jr., LaBrum & Doak, Philadelphia, Pa., on the brief), for appellee J. R. Christ Co.

Robert M. Landis, Philadelphia, Pa., for appellee William Campbell.

Norman Paul Harvey, Philadelphia, Pa., for appellees Spring Tp., Mast Engineering Co. and Gerald Wassner.

Before KALODNER, Chief Judge, and McLAUGHLIN and SMITH, Circuit Judges.

OPINION OF THE COURT

WILLIAM F. SMITH, Circuit Judge.

This is an action under the Wrongful Death and Survival Acts of Pennsylvania, 12 P.S. § 1601 and 20 P.S. § 320.601. The rights and liabilities of the parties are governed by local law. The present appeal is from a judgment entered on a jury verdict in favor of the defendants directed by the court below at the conclusion of the plaintiff's proofs. The direction rested on two grounds, hereinafter...

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