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DAYE v. COMMONWEALTH OF PENNSYLVANIA

Nos. 72-1769, 72-1840.

483 F.2d 294 (1973)

Hubert DAYE, et al., Appellants, v. The COMMONWEALTH OF PENNSYLVANIA, et al. Mindy MEYERS, an infant, by her parent and natural guardian, Marvin Meyers, et al., Appellants. v. The COMMONWEALTH OF PENNSYLVANIA.

United States Court of Appeals, Third Circuit.

Decided, August 3, 1973.

Attorney(s) appearing for the Case

Richard F. Stevens, Theodore J. Zeller, Jr., Butz, Hudders & Tallman, Allentown, Pa., for appellant in No. 72-1769.

James B. Zane, Zane and Zane, New York City, for appellant in No. 72-1840.

Daniel J. Ryan, John J. Walsh, Jr., LaBrum & Doak, Philadelphia, Pa., for appellee in No. 72-1769.

J. Shane Creamer, Atty. Gen., Edward V. A. Kussy & Edward A. Hosey, Asst. Attys. Gen., Harrisburg, Pa., for appellee in No. 72-1769 and No. 72-1840.

Before VAN DUSEN, GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal from the opinion and order of the United States District Court for the Eastern District of Pennsylvania entered on June 30, 19721 which granted the motions of defendants to dismiss the complaints brought in a tort action for damages arising out of a bus accident allegedly caused by the improper design, construction and...

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