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PROVIDENT TRADESMENS B. & T. CO. v. LUMBERMENS MUT. CAS. CO.

No. 14589.

411 F.2d 88 (1969)

PROVIDENT TRADESMENS BANK AND TRUST COMPANY, Administrator of the Estate of John R. Lynch, also known as John Roberts Lynch, Deceased (Plaintiff), and John Landis Harris and Sarah B. Smith, Administratrix of the Estate of Thomas W. Smith, Deceased (Party Plaintiffs), v. LUMBERMENS MUTUAL CASUALTY COMPANY and George M. Patterson, Administrator of the Estate of Donald Cionci, Deceased, Lumbermens Mutual Casualty Company (Defendant), Appellant.

United States Court of Appeals Third Circuit.

Decided April 2, 1969.

Rehearing Denied May 2, 1969.

Attorney(s) appearing for the Case

Norman Paul Harvey, Philadelphia, Pa., for appellant.

Avram G. Adler, Freedman, Borowsky & Lorry, Philadelphia, Pa. (Abraham E. Freedman, Freedman, Landy & Lorry, J. Willison Smith, Jr., Bayard M. Graf, Philadelphia, Pa., on the brief), for appellees.

Before KALODNER, GANEY and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

This diversity action is before us now on the Supreme Court's vacation of our prior judgment and its remand for our consideration of the issues we had found it unnecessary to decide on the earlier appeal.

Edward S. Dutcher, the named insured in a policy issued by Lumbermens Mutual Casualty Company, was the owner of a passenger car which he lent to Donald Cionci...

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