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SCHICK v. GOOD HUMOR CORP.

No. 18382.

438 F.2d 336 (1971)

John SCHICK, Administrator of the Estate of Joseph Schick, Deceased v. GOOD HUMOR CORP., Appellant.

United States Court of Appeals, Third Circuit.

Decided February 25, 1971.

Attorney(s) appearing for the Case

Gregory M. Harvey, Morgan, Lewis & Bockius, Philadelphia, Pa. (John R. McConnell, Philadelphia, Pa., on the brief), for appellant.

Albert S. Fein, Fein, Criden & Johanson, Philadelphia, Pa. (Henry Thomas Dolan, Dolan & Morrissey, Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Plaintiff's decedent suffered fatal injuries when a truck which he was operating for his employer skidded and overturned. His personal representative brought a diversity action sounding in common law tort against the employer who unsuccessfully urged that recovery was limited to that sought by the claim being processed under the Pennsylvania Workmen's Compensation Act, 77 Purd. Stat.Anno. § 1 et seq. Section 303 of Article...

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