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IWANIUK v. BETHLEHEM STEEL CORPORATION

No. 16667.

402 F.2d 309 (1968)

John IWANIUK, Administrator of the Estate of David Arthur Davis, Deceased, Plaintiff-Appellee, v. BETHLEHEM STEEL CORPORATION, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

October 10, 1968.

Attorney(s) appearing for the Case

Harlan L. Hackbert, Chicago, Ill., G. Edward McHie, Hammond, Ind., Paul Noland, Chicago, Ill., for appellant.

Bruce H. Stewart, Gerald A. Kamm, South Bend, Ind., for appellee.

Before DUFFY, Senior Circuit Judge, and SWYGERT and KERNER, Circuit Judges.

DUFFY, Senior Circuit Judge.

This is a suit under the Indiana Wrongful Death Act (Burns' Ind.Stat. § 2-404), to recover damages for the death of plaintiff's decedent. The defendants are Youngstown Sheet & Tube Company (Youngstown) as owner of the building and property, and Bethlehem Steel Corporation (Bethlehem), the structural steel contractor.

On March 25, 1964, David Davis who is plaintiff's decedent, was fatally injured in a fall from a building...

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