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GREEN v. BENSON

Civ. A. No. 31485.

271 F.Supp. 90 (1967)

Fred GREEN, Administrator of the Estate of David Scott McKeag, Deceased v. Robert Patrick BENSON and Mr. & Mrs. Robert L. Benson, Defendants, and Allstate Insurance Company, Garnishee.

United States District Court E. D. Pennsylvania.

On Motion for Summary Judgment May 19, 1967.

Attorney(s) appearing for the Case

Gordon W. Gerber, Philadelphia, Pa., for plaintiff.

Howard R. Detweiler, Philadelphia, Pa., and Howard Richard, Upper Darby, Pa., for defendants.

James J. McEldrew, Philadelphia, Pa., for Allstate Ins. Co.

MEMORANDUM AND ORDER SUR GARNISHEE'S MOTION TO DISMISS (Document 35)

VAN DUSEN, District Judge.

The parties to this garnishment proceeding agree that the accident upon which the original suit was based occurred in the following manner:

"On Sunday, July 30, 1961, at or about 6:30 P.M., Robert Patrick Benson, the 17 year old son of Robert L. Benson, who resided with his father at 4634 Woodland Avenue, Drexel Hill, Upper Darby Township, Pennsylvania...

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