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FOLLETT v. PETERSON

Civ. A. No. 6101.

171 F.Supp. 631 (1959)

Edith FOLLETT and Frank R. Follett, as next friend and guardian of David Follett, a minor, Plaintiffs, v. Edith C. PETERSON, Defendant and Third-Party Plaintiff (Frank R. Follett, Third-Party Defendant).

United States District Court M. D. Pennsylvania.

March 25, 1959.

Attorney(s) appearing for the Case

Siegrist, Koller & Siegrist, Lebanon, Pa., for plaintiffs.

Metzger, Wickersham & Knauss, Harrisburg, Pa., for defendant and third-party plaintiff.

James W. Evans, Harrisburg, Pa., for third-party defendant.

FOLLMER, District Judge.

Under date of April 18, 1958, this Court refused motion of third-party defendant, Frank R. Follett, for summary judgment on the authority of Davis v. Miller, 385 Pa. 348, 123 A.2d 422. I am now convinced that in so ruling the Court was in error.

This case stems from an automobile collision in Lebanon County, Pennsylvania, on October 29, 1955. David Follett, one of the plaintiffs, was a passenger in the...

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