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ZUNICH v. BALTIMORE AND OHIO RAILROAD COMPANY

Civ. A. No. 67-69.

307 F.Supp. 1108 (1970)

Monica and Mark ZUNICH, minors, by their parents and guardians, Frank V. Zunich and Anna Zunich, and Frank V. Zunich and Anna Zunich, in their own right, and Anna Zunich and Frank V. Zunich, her husband, Plaintiffs, v. The BALTIMORE AND OHIO RAILROAD COMPANY, a corporation, Defendant and Third-Party Plaintiff, v. Anna ZUNICH, Third-Party Defendant.

United States District Court W. D. Pennsylvania.

January 7, 1970.

Attorney(s) appearing for the Case

G. W. Wilde, Pittsburgh, Pa., for plaintiffs.

Gary Sharlock, of Mercer & Buckley, Pittsburgh, Pa., for defendant and third-party plaintiff.

John A. DeMay, Pittsburgh, Pa., for third-party defendant.

OPINION AND ORDER

MARSH, Chief Judge.

The automobile driven by the wife plaintiff, Anna Zunich, was struck by Baltimore and Ohio diesel units at a grade crossing shortly after noon on January 10, 1966; Anna and her two children were injured. Following the pretrial conference, the defendant railroad moved for summary judgment in connection with Anna's claim for damages on the ground that she was guilty of contributory negligence as a matter of law.

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