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FRANKEL v. MOODY

No. 16748.

393 F.2d 279 (1968)

Alvin H. FRANKEL, Admn. of the Estate of Fred Ashley, Deceased, v. Alonzo MOODY and City of Philadelphia, City of Philadelphia, Appellant.

United States Court of Appeals Third Circuit.

Decided April 25, 1968.

Rehearing Denied May 21, 1968.

Attorney(s) appearing for the Case

Theodore H. Lunine, Asst. City Sol., Philadelphia, Pa. (John M. McNally, Jr., Deputy City Sol., Matthew W. Bullock, Jr., Second Deputy City Sol., Edward G. Bauer, Jr., City Sol., Philadelphia, Pa., on the brief), for appellant.

Alexander A. DiSanti, Richard, Brian & DiSanti, Upper Darby, Pa., for appellee.

Before BIGGS, McLAUGHLIN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The defendant-appellant, the City of Philadelphia, has appealed from a judgment in favor of the plaintiff-appellee, Frankel, Administrator of the Estate of Ashley, in the sum of $76,530.50 under the Pennsylvania Wrongful Death Act, 12 P.S. § 1601, and in the sum of $500.00 under the Pennsylvania Survival Act, 20 P.S. § 320.601. Jurisdiction in both claims is based on diversity of citizenship and statutory...

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