FRANKEL v. DEVENER

No. 18316.

424 F.2d 540 (1970)

Alvin H. FRANKEL, Administrator of the Estate of Robert B. Hoffman, Deceased, Appellant, v. Norma K. DEVENER, individually and trading as Devener Airport, and Norma K. Devener, Executrix of the Estate of Raymond F. Devener, also known as R. F. Devener, Deceased.

United States Court of Appeals, Third Circuit.

Decided April 14, 1970.


Attorney(s) appearing for the Case

Milton M. Borowsky, Freedman, Borowsky & Lorry, Philadelphia, Pa., Hurwitz, Klein, Benjamin & Brown, Harrisburg, Pa., for appellant.

Robert A. Steadman, Crawford & Steadman, Ann Arbor, Mich., Robert M. Strickler, Markowitz, Kagen & Griffith, York, Pa., for defendants-appellees.

Before HASTIE, Chief Judge, and MARIS and ADAMS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

This is an appeal by an out-of-state administrator, appointed in an effort to bring this Pennsylvania wrongful death claim within federal diversity jurisdiction, from an order dismissing his complaint for want of jurisdiction under the doctrine of McSparran v. Weist, 3d Cir. 1968, 402 F.2d 867, cert. denied, 395 U.S. 903, 89 S.Ct. 1739, 23 L.Ed.2d 217. The dismissal was without prejudice...

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