OPINION
FOX, District Judge.
In a wrongful death action, defendant Standard Oil Division of American Oil Company moves for dismissal, or in the alternative summary judgment against plaintiff Ingeborg Magerowski, adminisstratrix of the estate of Nicholas Magerowski, on the ground that plaintiff has failed to state a claim upon which relief can be granted.
The facts can be summarized as follows: Around October 17, 1963, plaintiff's decedent, Nicholas...
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