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HART v. SIMONS

Civ. A. No. 27953.

223 F.Supp. 109 (1963)

Harden D. HART and Mary Jo Hart v. Julius SIMONS, Dolph Simons and Hortense Simons, individually and trading as Simco Company, v. The UNITED STATES of America.

United States District Court E. D. Pennsylvania.

October 28, 1963.

Attorney(s) appearing for the Case

James E. Beasley and Sheldon L. Albert, Beasley & Ornsteen, Philadelphia, Pa., for plaintiffs.

John B. Hannum, 3rd, Victor L. Drexel, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Walter E. Rankin, San Jose, Cal., for Julius, Dolph and Hortense Simons.

Drew J. T. O'Keefe, U. S. Atty., Sidney Salkin, Asst. U. S. Atty., Philadelphia, Pa., William E. Gwatkin, Admiralty & Shipping Section, Department of Justice, Washington, D. C., for third-party defendant United States.

GRIM, District Judge.

Plaintiff, Mary Jo Hart, was injured by an electrical shock sustained in the course of her employment with the National Aeronautics and Space Administration. The injuries allegedly were caused by a machine manufactured by the defendant, Simco Company. In this diversity suit, plaintiffs claims negligence and breach of warranty on the part of Simco. Simco has joined the United States as a third-party defendant averring that "* * * if plaintiff...

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