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SCHWAB v. ERIE LACKAWANNA RAILROAD COMPANY

Civ. A. No. 42-69 Erie.

303 F.Supp. 1398 (1969)

Otto T. SCHWAB, Plaintiff, v. ERIE LACKAWANNA RAILROAD COMPANY and S. J. Groves and Sons Co., Defendants and Third-Party Plaintiffs, v. Mildred A. SAUERS, Administratrix of the Estate of William Sauers, Deceased, Frank Pulling and Walmer Trucking Company, Third-Party Defendants.

United States District Court W. D. Pennsylvania.

September 24, 1969.

Attorney(s) appearing for the Case

V. J. Rich, Pittsburgh, Pa., for plaintiff.

George I. Buckler, Pittsburgh, Pa., for defendants and third-party plaintiffs.

John M. McLaughlin, Erie, Pa., for Mildred A. Sauers, Adm'r, etc., third-party defendant.

John M. McLaughlin, Erie, Pa., for Frank Pulling, third-party defendant.

Frederick N. Egler, Pittsburgh, Pa., for Walmer Trucking Co., third-party defendant.

OPINION

WEBER, District Judge.

Plaintiff railroad employee sued his employer railroad and the party allegedly responsible for the safety of a private crossing where he was injured. The suit against defendant railroad is grounded on F.E.L.A. jurisdiction; the suit against the other defendant is based on diversity jurisdiction. Both defendants brought on the record as third-party defendants the owners and operator of a truck involved in the accident in which...

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