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COYNE v. DUQUESNE LIGHT COMPANY

No. 16038.

372 F.2d 36 (1967)

John P. COYNE, Administrator of the Estate of Donald William Powell, Jr., Deceased, Plaintiff-Appellee, v. DUQUESNE LIGHT COMPANY, a corporation (Defendant and Third-Party Plaintiff) and John Mohr & Sons, Inc., a Corporation, Defendant-Appellant, v. UNITED STATES STEEL CORPORATION, Third-Party Defendant-Appellant.

United States Court of Appeals Third Circuit.

Decided February 3, 1967.

Rehearing Denied March 13, 1967.

Attorney(s) appearing for the Case

John David Rhodes, Pittsburgh, Pa. (Giles J. Gaca, Pringle, Bredin, Thomson, Rhodes & Grigsby, Pittsburgh, Pa., on the brief), for appellant.

Edward J. Balzarini, Pittsburgh, Pa. (Joseph W. Conway, Suto, Power, Balzarini & Walsh, Pittsburgh, Pa., on the brief), for appellee.

Before SMITH, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal by defendant John Mohr & Sons, Inc. from a judgment entered upon a jury verdict of $95,000.00 in favor of plaintiff in a Wrongful Death and Survival action based on diversity jurisdiction and governed by the substantive law of Pennsylvania. The first issue is whether defendant in its contract with the United States Steel Corporation (Steel) here assumed...

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