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McSPARRAN v. WEIST

No. 16793.

402 F.2d 867 (1968)

Stella McSPARRAN, Guardian of the Estate of Richard R. Riegner, a minor, and Martha M. Fritzinger, parent and natural guardian of Richard R. Riegner, a minor, in her own right v. Jeffrey R. WEIST, Joseph R. Weist and Russell Millard, Martha M. Fritzinger, parent and natural guardian of Richard R. Riegner, a minor, in her own right, Appellant.

United States Court of Appeals Third Circuit.

Reargued April 16, 1968.

Decided October 2, 1968.

Rehearing Denied October 24, 1968.

Attorney(s) appearing for the Case

David Kanner, Kanner, Stein, Feinberg & Barol, Philadelphia, Pa. (Jack E. Feinberg, Edward N. Barol, Kanner, Stein, Feinberg & Barol, Philadelphia, Pa., on the brief), for appellant.

William B. Freilich, LaBrum & Doak, Philadelphia, Pa. (Joseph G. Manta, James M. Marsh, Philadelphia, Pa., on the brief), for appellee, Russell Millard.

Before HASTIE, Chief Judge, McLAUGHLIN, KALODNER, FREEDMAN, SEITZ and VAN DUSEN, Circuit Judges.

Argued Jan. 9, 1968

Before McLAUGHLIN, FREEDMAN, and SEITZ, Circuit Judges.

Reargued April 16, 1968

Before HASTIE, Chief Judge, McLAUGHLIN, KALODNER, FREEDMAN, SEITZ and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge

This appeal was argued before a panel and we ordered it to be reargued before the court en banc with Esposito v. Emery, 3 Cir., 402 F.2d 878 so that we...

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