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BYRNE v. SIMCO SALES SERVICE OF PENNA., INC.

Civ. A. No. 23885.

179 F.Supp. 569 (1960)

Elizabeth M. BYRNE, Administratrix of the Estate of Steven Ronald Kabler, a minor, Deceased, v. SIMCO SALES SERVICE OF PENNA., INC.

United States District Court E. D. Pennsylvania.

January 7, 1960.

Attorney(s) appearing for the Case

John J. McCarty, Richter, Lord & Levy, Philadelphia, Pa., for plaintiff.

Richard D. Harburg, Swartz, Campbell & Henry, Philadelphia, Pa., for defendant.

EGAN, District Judge.

The administratrix of a minor decedent is suing under the Pennsylvania wrongful death act, 12 P.S. §§ 1601, 1602, and under the Pennsylvania survival act, 20 P.S. § 320.603. Jurisdiction of this court derives from diversity of citizenship.

The decedent was killed while driving the defendant company's truck under a lease agreement whereby the decedent used the truck to sell ice cream products supplied to him by the defendant...

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