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PETER v. PUBLIC CONSTRUCTORS, INC.

Nos. 15465, 15466.

368 F.2d 111 (1966)

Margaret E. PETER, Administratrix and Administratrix ad Prosequendum of the Estate of Ralph M. Peter, Deceased, Appellant in No. 15465, v. PUBLIC CONSTRUCTORS, INC., and Public Contracting Corporation, Defendants and Third-Party Plaintiffs, and Appellants in No. 15466, v. CUNNINGHAM CONSTRUCTION CO., and Reid Construction Company, a Delaware Corp., Third-Party Defendants.

United States Court of Appeals Third Circuit.

Decided October 21, 1966.

Attorney(s) appearing for the Case

Milton M. Borowsky, Abraham E. Freedman, Borowsky & Lorry, Philadelphia, Pa., Brown, Connery, Kulp & Wille, Camden, N. J., for plaintiff-appellant Margaret E. Peter.

William S. Zink, Camden, N. J. (Bleakly, Stockwell & Zink, Camden, N. J., on the brief), for defendants-appellees and third-party plaintiffs-appellants, Public Constructors, Inc. and Public Contracting Corporation.

Sidney P. McCord, Jr., Haddonfield, N. J. (McCord, Farrell, Eynon & Munyon, Haddonfield, N. J., on the brief), for third-party defendant-appellee, Reid Construction Co.

Before KALODNER, HASTIE and SMITH, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

This wrongful death action is the aftermath of the accidental drowning of a workman in navigable water of the Delaware River within the State of Pennsylvania.

The Delaware River Joint Toll Bridge Commission, a public agency, hereinafter designated as "the Commission" proposed to demolish a bridge across the Delaware River between Yardley, Pennsylvania and Wilburtha, New Jersey. To this end, the Commission...

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