OPINION
LUONGO, District Judge.
On January 27, 1967, Francis W. Magill was fatally injured while painting machinery in the Westinghouse Electric Corporation (Westinghouse) plant at Lester, Pennsylvania. Magill was an employee of Murphy, Inc. (Murphy), a painting contractor, which had been engaged by Westinghouse to paint the machinery.
The administrator of Magill's estate instituted this suit against Westinghouse
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