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BEAVERS v. WEST PENN POWER COMPANY

No. 18339.

436 F.2d 869 (1971)

William R. BEAVERS, Administrator of the Estate of Malcolm Robert Mason, Deceased, v. WEST PENN POWER COMPANY and Bell Telephone Company of Pennsylvania. v. Robert S. MASON and Irene M. Mason. Appeal of the BELL TELEPHONE COMPANY OF PENNSYLVANIA, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 21, 1971.

Attorney(s) appearing for the Case

Donald L. Very, Tucker, Burke, Campbell & Arensberg, Pittsburgh, Pa., (B. A. Karlowitz, Peter J. King, Henry S. Pool, Patterson, Crawford, Arensberg & Dunn, Pittsburg, Pa., on the brief), for appellant.

Raymond W. Cromer, Beck, McGinnis & Jarvis, Pittsburgh, Pa. (Robert A. Jarvis, Eugene J. Reinbold, Pittsburgh, Pa., on the brief), for appellee, William R. Beavers.

Bernard J. McAuley, Wayman, Irvin, Trushel & McAuley, Pittsburgh, Pa., for appellees Mason.

Before SEITZ, ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal from a judgment entered by the district court on a jury verdict for plaintiff and from an order of the district court denying appellant's motions for a judgment n. o. v., for a new trial, and for an amendment of judgment.

Plaintiff, William R. Beavers, Administrator of the Estate of Malcolm R. Mason, commenced a diversity action under the Pennsylvania Survival and Wrongful Death Acts

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