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JOYCE v. SEIGEL

No. 18357.

429 F.2d 128 (1970)

John W. JOYCE, Administrator of the Estate of Richard M. Lane, Deceased, Appellant, v. Harold A. SEIGEL, Individually and trading and doing business as Harold A. Seigel Coal Company.

United States Court of Appeals, Third Circuit.

Decided July 8, 1970.

As Amended July 27, 1970.

Attorney(s) appearing for the Case

P. J. McArdle, J. Jerome Mansmann, Pittsburgh, Pa., for appellant.

H. Fred Mercer, Jr., Mercer & Buckley, Albert G. Feczko, Jr., Pittsburgh, Pa., for appellee.

Before McLAUGHLIN, FREEDMAN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

This case falls within the narrow class in which the question is whether our decision in McSparran v. Weist, 402 F.2d 867 (3 Cir.1968), cert. denied sub. nom. Fritzinger v. Weist, 395 U.S. 903, 89 S.Ct. 1739, 23 L.Ed.2d 217 (1969), barring "manufactured" diversity actions, should be applied retrospectively.

The doctrine of McSparran, in which we overruled and disapproved...

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