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CHAMBERLAIN v. CARBORUNDUM COMPANY

Nos. 72-1636, 72-1637.

485 F.2d 31 (1973)

Jean Ann CHAMBERLAIN, Administratrix of the Estate of John L. Chamberlain, Deceased, Appellant in No. 72-1636, v. CARBORUNDUM COMPANY, a corporation v. BERWIND RAILWAY SERVICE COMPANY, a corporation, Appellant in No. 72-1637.

United States Court of Appeals, Third Circuit.

Resubmitted September 7, 1973.

Decided September 19, 1973.

Attorney(s) appearing for the Case

John E. Evans, Jr., Evans, Ivory & Evans, Pittsburgh, Pa., for Chamberlain.

Charles E. Evans, Dickie, McCamey & Chilcote, John R. McGinley, Jr., Grogan, Graffam & McGinley, Pittsburgh, Pa., for Berwind Railway Service Co.

Kim Darragh, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for Carborundum Co.

Before ADAMS, GIBBONS and HUNTER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) July 2, 1973.

Before Gibbons and Hunter, Circuit Judges.

Resubmitted Under Third Circuit Rule 12(6) September 7, 1973.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

In this diversity wrongful death case Pennsylvania law governs. Plaintiff's decedent, John Chamberlain, was killed when an abrasive wheel on a grinder he was using in the course of his employment...

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