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DAYE v. COMMONWEALTH OF PENNSYLVANIA

Civ. A. Nos. 71-1726, 71-2167.

344 F.Supp. 1337 (1972)

Hubert DAYE et al. v. The COMMONWEALTH OF PENNSYLVANIA et al. Mindy MEYERS, an infant, by her parent and natural guardian, Marvin Meyers, et al. v. The COMMONWEALTH OF PENNSYLVANIA.

United States District Court, E. D. Pennsylvania.

June 30, 1972.

Attorney(s) appearing for the Case

James B. Zane, Zane & Zane, New York City, for plaintiff Mindy Meyers and others.

Richard F. Stevens, Butz, Hudders & Tallman, Allentown, Pa., for plaintiff Hubert Daye and others.

D. J. Ryan, Philadelphia, Pa., for individual defendants.

Edward A. Hosey, Edward V. A. Kussy, Asst. Attys. Gen., Harrisburg, Pa., for defendant Com. of Pa.

OPINION AND ORDER

TROUTMAN, District Judge.

I.

On July 15, 1970, a chartered bus, carrying a group of school-age children and their counsellors, left Lawrence, New York, enroute to the Pennsylvania Dutch country. In an intermittent rain, the bus proceeded in a westerly direction along U.S. Route 22 (Interstate 78) in Pennsylvania [hereinafter U.S. 22]. The wet pavement allegedly precipitated a skid, causing the bus to rotate clockwise 180°...

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