HOLLINGER v. WAGNER MIN. EQUIPMENT CO.

No. 81-1359.

667 F.2d 402 (1981)

Patricia A. HOLLINGER, Administratrix of the Estate of Germaine S. Hollinger, Deceased, Appellant, v. WAGNER MINING EQUIPMENT COMPANY, A Division of Paccar, Inc.

United States Court of Appeals, Third Circuit.

Decided December 22, 1981.

Rehearing Denied January 15, 1982.


Attorney(s) appearing for the Case

Paul J. Senesky (argued), Galfand, Berger, Senesky, Lurie & March, Philadelphia, Pa., for appellant.

David L. Grove (argued), Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for appellee; David N. Hofstein, Philadelphia, Pa., of counsel.

Before ALDISERT, HIGGINBOTHAM and SLOVITER, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Issue

This is an appeal from the grant of summary judgment in favor of the defendant, Wagner Mining Equipment Co. (Wagner). In this diversity action plaintiff seeks damages for the death of her decedent, Germaine S. Hollinger (Hollinger), who was killed on May 27, 1977 at an underground mine operated by Bethlehem Mines Corp. (Bethlehem) in Morgantown, Pennsylvania, after being struck...

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