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FRANKEL v. UNITED STATES

Civ. Nos. 40367, 68-876.

321 F.Supp. 1331 (1970)

Alvin H. FRANKEL, Guardian of the Estate of Marilyn Heym, an incompetent, and Herbert Heym and Mary Heym, his wife, Plaintiffs, v. UNITED STATES of America, Defendant. Alvin H. FRANKEL, Guardian of the Estate of Marilyn Heym, an incompetent, Plaintiff, v. Mary HEYM, Defendant, Third Party Plaintiff, v. UNITED STATES of America, Third Party Defendant.

United States District Court, E. D. Pennsylvania.

December 30, 1970.

Attorney(s) appearing for the Case

Marvin I. Lessin, Manchel, Lundy & Lessin, Philadelphia, Pa., for Alvin H. Frankel, Guardian of the Estate of Marilyn Heym, an incompetent, plaintiff in Civ. A. No. 40367 and Civ. A. No. 68-876.

Howard Richard, Richard, Brian & DiSanti, Upper Darby, Pa., for Mary Heym and Herbert Heym, plaintiffs in Civ. A. No. 40367.

A. Grant Sprecher, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for Mary Heym, defendant in Civ. A. No. 68-876 and defendant on counterclaim in Civ. A. No. 40367.

William D. Ruckelshaus, Asst. Atty. Gen., William E. Nelson, Charles T. Wells, Civil Division, U. S. Dept. of Justice, Washington, D. C., Louis C. Bechtle, U. S. Atty., Philadelphia, Pa., for the United States.

SHERIDAN, Chief Judge (M. D. Pa., sitting by special designation).

On April 30, 1966, a car driven by Mary Heym in which her daughter, Marilyn Heym, was a passenger collided with a car driven by Ronald Glasser, an employee of the Department of the Army. The accident occurred at the intersection of West Chester Pike with Providence Road, in Edgemont Township, Delaware County, Pennsylvania. Both Mrs. Heym and her daughter suffered serious injuries.

Two negligence...

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