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KELLY v. FULKERSON

No. 17015.

394 F.2d 463 (1968)

James J. KELLY, Jr., and Eileen Kelly; James K. Kelly, a Minor, by His Guardian, James J. Kelly, Jr., and James J. Kelly, Jr., in His Own Right, v. James Rex FULKERSON, Defendant and Third-Party Plaintiff, v. James J. KELLY, Jr., Third-Party Defendant, James J. Kelly, Jr., Eileen Kelly, James K. Kelly, a Minor, by His Guardian, James J. Kelly, Jr., and James J. Kelly, Jr., in His Own Right, Plaintiffs and James J. Kelly, Jr., Third-Party Defendant, Appellants.

United States Court of Appeals Third Circuit.

Decided April 26, 1968.

Rehearing Denied May 23, 1968.

Attorney(s) appearing for the Case

Milford J. Meyer, Meyer, Lasch, Hankin & Poul, Philadelphia, Pa. (Louis A. Fine, Honesdale, Pa., Leon Marcus, New York City, on the brief), for appellants.

John R. Lenahan, Scranton, Pa. (William J. Dempsey, John E. V. Pieski, Scranton, Pa., on the brief), for appellee.

Before KALODNER, GANEY and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This matter involves an action for damages arising under the diversity jurisdiction of the court by reason of the collision of two automobiles.

The action was brought by James J. Kelly, Jr., owner and operator of one of the automobiles, with his wife, Eileen, and son, James K. Kelly, a minor, by his guardian, James J. Kelly, Jr., and James J. Kelly, Jr., in his own right, against the owner of the other automobile...

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