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KURDZIEL v. PITTSBURGH TUBE COMPANY

No. 19345.

416 F.2d 881 (1969)

Helen T. KURDZIEL, Executrix of the Estate of Franklin C. Rosebrock, Deceased, Plaintiff-Appellant, v. PITTSBURGH TUBE COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 25, 1969.

Attorney(s) appearing for the Case

David R. Goldberg, Toledo, Ohio (Lankenau & Lankenau, Napoleon, Ohio, and Cubbon & Rice, Toledo, Ohio, on the brief), for appellant.

Beatrice K. Bleicher, Toledo, Ohio (Fred A. Smith, Toledo, Ohio, on the brief), for appellee; Cobourn, Smith, Rohrbacher & Gibson, Toledo, Ohio, of counsel.

Before PHILLIPS, EDWARDS and CELEBREZZE, Circuit Judges.

PER CURIAM.

Decedent Rosebrock was killed in an accident at his employer's dock. A bundle of steel piping fell off of a truck while a co-employee was unloading the truck, crushing and killing Rosebrock. The executrix of his estate sued appellee Pittsburgh Tube on the ground that it loaded the steel pipe on the truck and did so negligently.

The District Judge, after trial of the case without a jury, dismissed plaintiff's complaint in a careful opinion which...

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