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JAMISON v. WESTINGHOUSE ELECTRIC CORPORATION

No. 15908.

375 F.2d 465 (1967)

Howard JAMISON, Administrator of the Estate of Jesse Click, Deceased, v. WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided March 28, 1967.

Attorney(s) appearing for the Case

Frederick N. Egler, Pittsburgh, Pa. (Egler, McGregor & Reinstadtler, Pittsburgh, Pa., on the brief), for appellant.

William W. McVay, Pittsburgh, Pa. (James E. McLaughlin, John M. Tighe, McArdle, Harrington, Feeney & McLaughlin, Pittsburgh, Pa., on the brief), for appellee.

Before FORMAN, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge:

The issue in this diversity case is whether defendant Westinghouse was the statutory employer of decedent under the provisions of the Pennsylvania Workmen's Compensation Act.

Decedent, a painter, fell to his death when the scaffold on which he was standing collapsed while he was painting the ceiling of a building on the site of the Bettis Atomic Laboratory. He was an

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