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ROBERTS v. UNION CARBIDE CORPORATION

No. 17602.

415 F.2d 474 (1969)

Mary Evelyn ROBERTS, Administratrix ad Prosequendum of Everett Melvin Roberts, Appellant, v. UNION CARBIDE CORPORATION, a Corporation.

United States Court of Appeals Third Circuit.

Decided August 21, 1969.

As Amended and Rehearing Denied September 18, 1969.

Attorney(s) appearing for the Case

John W. Devine, Pellettieri & Rabstein, Trenton, N. J., for appellant.

Carl Kisselman, Kisselman, Devine, Deighan & Montano, Camden, N. J. (Michael Patrick King, Camden, N. J., on the brief), for appellee.

Before HASTIE, Chief Judge, and McLAUGHLIN and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This is an appeal by the plaintiff in a wrongful death action brought under New Jersey Statutes, 2A:31-1, N.J.S.A. It is the responsibility of the federal courts solely because of the diversity of citizenship of the parties. The essential facts are that the plaintiff's decedent inhaled dangerous fumes while in the employ of All American Engineering Company. During his lifetime the decedent obtained a judgment of $210,000...

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