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BERKEY v. ROCKWELL SPRING & AXLE COMPANY

Civ. A. 15042.

162 F.Supp. 493 (1958)

June Marian BERKEY, Administratrix of the Estate of Floyd Berkey, Deceased, Plaintiff, v. ROCKWELL SPRING & AXLE COMPANY, Defendant (Baughman Construction Company, Third-Party Defendant).

United States District Court W. D. Pennsylvania.

May 29, 1958.

Attorney(s) appearing for the Case

Thomas Eddy, Pittsburgh, Pa., for plaintiff.

Donald W. Bebenek, George Y. Meyer, Pittsburgh, Pa., for defendant.

William A. Challener, Jr., Pittsburgh, Pa., for third-party defendant.

MARSH, District Judge.

This action was brought to recover damages for the death of Floyd Berkey, which occurred on September 23, 1955, as a result of the alleged negligence of Rockwell Spring & Axle Company, when a tractor which he was operating in the scope of his employment turned over on Pennsylvania Highway No. 88 in Washington County, Pennsylvania.

It appears from the pleadings that the plaintiff is the administratrix of the estate of Floyd Berkey...

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