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BRIACH v. PENNSYLVANIA RAILROAD COMPANY

No. 71-1348.

462 F.2d 266 (1972)

Walter BRIACH and Leona Briach, Administrators of the Estate of Edward J. Mohar, Jr., Deceased, Appellants, v. PENNSYLVANIA RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 13, 1972.

Attorney(s) appearing for the Case

William S. Schweers, Harrington, Feeney & Schweers, Pittsburgh, Pa., for appellants.

Aloysius F. Mahler, Pittsburgh, Pa., for appellee.

Before MAX ROSENN and JAMES ROSEN, Circuit Judges, and VAN ARTSDALEN, District Judge.

OPINION OF THE COURT

VAN ARTSDALEN, District Judge.

Edward J. Mohar, Jr., plaintiff's decedent, was killed when an automobile that he was driving on a public highway in Pennsylvania was struck by a railroad locomotive at a grade level crossing. Plaintiff brought action under the Wrongful Death and Survival of Actions statutes of Pennsylvania,1 basing jurisdiction on diversity citizenship.

At the conclusion of plaintiff...

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