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FRANKEL v. BURKE'S EXCAVATING, INC.

Nos. 16769, 16770.

397 F.2d 167 (1968)

Alvin H. FRANKEL, Administrator of the Estate of Gregory J. Gallagher, Deceased, Appellant, v. BURKE'S EXCAVATING, INC. Alvin H. FRANKEL, Administrator of the Estate of Alan D. Wylie, III, Deceased, Appellant, v. BURKE'S EXCAVATING, INC.

United States Court of Appeals Third Circuit.

Decided June 17, 1968.

Attorney(s) appearing for the Case

Gordon W. Gerber, Dechert, Price & Rhoads, Philadelphia, Pa., for appellant in both cases.

James J. McEldrew, Cole, McEldrew, Hanamirain & McWilliams, Philadelphia, Pa., for appellee in both cases.

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

OPINION OF THE COURT

SEITZ, Circuit Judge.

These diversity actions were brought to recover damages resulting from the tragic deaths of two young boys who fell through the ice on an unused water hole located near the center of defendant-corporation's 44 acre property. These actions were consolidated below and will here be referred to as the "case". The district court deferred ruling on defendant's motion for a directed verdict and submitted the case to the...

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