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KACZMAREK v. MESTA MACHINE COMPANY

No. 71-1601.

463 F.2d 675 (1972)

Theodore KACZMAREK, Administrator of Estate of Charles R. Cook, Deceased, Appellant, v. MESTA MACHINE COMPANY, a Corporation, and the McKay Company, a Corporation, Defendants and Third-Party Plaintiffs, v. JONES & LAUGHLIN STEEL CORPORATION, a Corporation, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided June 30, 1972.

Attorney(s) appearing for the Case

John M. Crimmins, Koegler & Henderson, Thomas W. Henderson, Pittsburgh, Pa., for appellant.

Henry E. Rea, Jr., Brandt, McManus, Brandt & Malone, Pittsburgh, Pa., for appellee Mesta.

Vincent J. Grogan, Duff, Grogan & Graffan, Pittsburgh, Pa., for appellee McKay Co.

Before VAN DUSEN, GIBBONS and JAMES ROSEN, Circuit Judges.

OPINION OF THE COURT

JAMES ROSEN, Circuit Judge.

On September 26, 1967, appellant's decedent Charles H. Cook was killed while working at Jones and Laughlin ("J & L") Steel Corporations' Pittsburgh Works, when a load of steel being treated in a pickler machine1 was upset and fell on him. Suit was filed against the manufacturer of the pickling machine, Mesta Machine Company ("Mesta"), and The McKay Company ("McKay"), manufacturer...

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