FOLLMER, District Judge.
The issues now before the Court arise on a motion to dismiss the complaint, on the ground that it fails to state a claim upon which relief can be granted.
The plaintiff, Sylvester Cocuzza, Sr., Administrator of the Estate of Rose Cocuzza, on September 24, 1948, filed the Complaint, in two counts; first, for the wrongful death of the plaintiff's decedent, his wife; and second, under the Pennsylvania Survival Act. 12 P.S. § 1601...
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