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MILLARD v. MUNICIPAL SEWER AUTHORITY OF TP. OF L. M.

Civ. A. No. 40508.

314 F.Supp. 1315 (1970)

Stewart E. MILLARD, Administrator of the Estate of Stephen Dudash, Deceased v. MUNICIPAL SEWER AUTHORITY OF the TOWNSHIP OF LOWER MAKEFIELD and Gannett, Fleming, Cordrry, and Carpenter, Inc., Defendants, v. GEORGE TRIPP, INC., Third-Party Defendant.

United States District Court, E. D. Pennsylvania.

July 20, 1970.

Attorney(s) appearing for the Case

Meyer A. Bushman, Winokur & Kahn, Philadelphia, Pa., for plaintiff.

Albert J. Schell, Jr., Post & Schell, Philadelphia Pa., for defendant Gannett, Fleming, Cordrry and Carpenter, Inc.

Richard J. van Roden, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for defendant Municipal Sewer Authority and third party defendant George Tripp, Inc.

OPINION AND ORDER

WOOD, District Judge.

This is a motion for a new trial in a case involving fatal injuries to plaintiff's decedent, Stephen Dudash, when he was accidentally struck by the bucket of a backhoe owned by the third-party defendant, George Tripp, Inc., while working on a trench in the course of installation of a sewer line. After trial, a jury found that the negligence of the third-party defendant, George Tripp, Inc., and its agents, was a proximate...

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