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DAVIS v. GERSTENSLAGER COMPANY

Civ. A. No. 42-68 Erie.

302 F.Supp. 742 (1969)

William P. DAVIS, Plaintiff, v. GERSTENSLAGER COMPANY, Defendant and Third-Party Plaintiff, v. The LORD CORPORATION, Third-Party Defendant.

United States District Court W. D. Pennsylvania.

August 22, 1969.

Attorney(s) appearing for the Case

Richard H. Scobell, Erie, Pa., for plaintiff.

Andrew J. Conner, Erie, Pa., for defendant.

John Potter, Erie, Pa., for third-party defendant.

OPINION

WEBER, District Judge.

In this diversity negligence case the jury returned a verdict of $7,000 for plaintiff. The jury found that the third-party defendant (plaintiff's employer) was negligent and liable over to defendant for contribution. Being the employer, however, third-party defendant's liability is limited to what it has already paid under the Pennsylvania Workmen's Compensation Act. Being found liable for contribution the third-party defendant...

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