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PIETRUSZKA v. BETHLEHEM MINES CORPORATION

Civ. A. No. 14591.

156 F.Supp. 523 (1957)

Nancy PIETRUSZKA, Administratrix of the Estate of Michael Deskevich, deceased, Plaintiff, v. BETHLEHEM MINES CORPORATION, a corporation, Defendant and Charles Merlo, an individual, Defendant.

United States District Court W. D. Pennsylvania.

October 31, 1957.

Attorney(s) appearing for the Case

Harry A. Englehart, Jr., Englehart, Larimer & Englehart, Ebensburg, Pa., for plaintiff.

Gilbert Helwig, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for defendant Bethlehem Mines Corp.

John W. Taylor, Myers, Taylor & Peduzzi, Ebensburg, Pa., for defendant Charles Merlo.

MARSH, District Judge.

This is an action under the Pennsylvania Wrongful Death and Survival Acts1 by the administratrix of the estate of Michael Deskevich, deceased, whose death on May 20, 1955 was allegedly caused by the negligence of the defendants.

The action was tried to the court without a jury. At the close of the plaintiff's case, upon motion of Bethlehem Mines Corporation under Rule 41(b), Fed.Rules Civ.Proc. 28 U.S.C.A...

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