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MAGILL v. WESTINGHOUSE ELECTRIC CORPORATION

No. 71-1723.

464 F.2d 294 (1972)

James MAGILL, Administrator of the Estate of Frank W. Magill, Jr., Deceased, v. WESTINGHOUSE ELECTRIC CORPORATION, Appellant, v. MURPHY, INC.

United States Court of Appeals, Third Circuit.

Decided July 14, 1972.

Attorney(s) appearing for the Case

F. Hastings Griffin, Jr., Deckert, Price & Rhoads, Philadelphia, Pa., for appellant.

Mark D. Alspach, Krusen, Evans & Byrne, and Charles F. Quinn, Sheer, Mazzocone & Quinn, Philadelphia, Pa., for appellees.

Before SEITZ, Chief Judge, and VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This diversity action, under the wrongful death and survivorship statutes, presents several perplexing questions of Pennsylvania law regarding liability and damages.

Frank Magill was employed as a journeyman painter by Murphy, Inc. (Murphy) in January, 1967, while Murphy, pursuant to contract, was engaged in painting the machines located at the Westinghouse Plant...

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