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HADDIGAN v. HARKINS

Nos. 18341-18343.

441 F.2d 844 (1970)

John J. HADDIGAN, Administrator of the Estate of Margaret M. Haddigan, Deceased, v. Cornelius J. HARKINS and William Thomas Baker v. Thomas W. HADDIGAN, Third-Party Defendant, Cornelius J. Harkins, Appellant in 18,341, William Thomas Baker, Appellant in 18,342, Thomas W. Haddigan, Third-Party Defendant, Appellant in 18,343.

United States Court of Appeals, Third Circuit.

As Amended and Rehearings Denied January 19, 1971.

Attorney(s) appearing for the Case

Milford J. Meyer, Meyer, Lasch, Hankin & Poul and James J. McEldrew, Cole, McEldrew, Hanamirian & McWilliams, Philadelphia, Pa., for Cornelius J. Harkins.

Lowell A. Reed, Jr., Rawle & Henderson, Philadelphia, Pa. (David L. Steck, Philadelphia, Pa., on the brief) for William Thomas Baker.

William B. Freilich, LaBrum & Doak, Philadelphia, Pa., (Joseph R. Livesey, James M. Marsh, Philadelphia, Pa., on the brief) for Thomas W. Haddigan.

Benedict A. Casey, Jr., Beasley, Albert, Hewson & Casey, James E. Beasley, Philadelphia, Pa., for John J. Haddigan, Administrator of the Estate of Margaret M. Haddigan, Deceased.

Before STALEY, SEITZ and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from a final judgment entered on a jury verdict in a diversity negligence case. The case arises out of a three car accident which occurred on Route 1 in Bucks County, Pennsylvania, on January 5, 1963. Margaret Haddigan was a passenger in the car driven by her husband, Thomas W. Haddigan. In the accident she suffered severe personal injuries from which, in less than two hours, she died. On December...

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