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WOLF v. HATBORO CONSTRUCTION CO.

Civ. A. No. 34597.

235 F.Supp. 725 (1964)

Walter WOLF, Administrator of the Estate of John S. Kopec, Deceased, v. HATBORO CONSTRUCTION CO., Inc.

United States District Court E. D. Pennsylvania.

November 17, 1964.

Attorney(s) appearing for the Case

Daniel J. Ryan, of LaBrum & Doak, Philadelphia, Pa., for plaintiff.

James P. McHugh, and Joseph F. Mulcahy, Jr., Chester, Pa., for defendant.

BODY, District Judge.

Plaintiff's amended complaint as filed April 13, 1964 has been brought under the Pennsylvania Wrongful Death Act and the Survivor's Act. Defendant has filed a motion to dismiss on the grounds that plaintiff's amended complaint fails to state a claim or a cause of action against the defendant.

Paragraphs No. 4 and No. 5 of plaintiff's amended complaint allege:

"4. On or about November 26, 1962, the late John S. Kopec died while...

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