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BAGLINI v. PULLMAN, INC.

Civ. A. Nos. 75-406, 75-407 and 75-1216.

412 F.Supp. 1060 (1976)

Linda BAGLINI, Admrx. of the Estate of Joseph A. Baglini, Deceased, and Linda Baglini, Individually, Plaintiff, v. PULLMAN, INC., et al., Defendants, v. SOUTHWEST RAILWAY EQUIPMENT COMPANY et al., Third-Party Defendants. Marjorie S. JENKINS, Admrx. of the Estate of Robert H. Jenkins, Deceased, and Marjorie S. Jenkins, Individually, Plaintiff, v. PULLMAN, INC. et al., Defendants. v. SOUTHWEST RAILWAY EQUIPMENT COMPANY et al., Third-Party Defendants. James W. FRABONI, Plaintiff, v. PULLMAN, INC., et al., Defendants, v. SOUTHWEST RAILROAD EQUIPMENT COMPANY, et al., Third-Party Defendants.

United States District Court, E. D. Pennsylvania, Civil Division.

March 11, 1976.

Attorney(s) appearing for the Case

Richard F. Stevens, Allentown, Pa., for plaintiffs.

Robert M. Britton, Philadelphia, Pa., for Southwest Railway.

Curtis P. Cheyney III, Philadelphia, Pa., for Roscoe, Snyder and Pacific Railway.

Joseph N. Ewing, Jr., Philadelphia, Pa., for Lehigh Valley R.R.

Kenneth L. Salmon, David G. Klaber, Pittsburgh, Pa., Robert H. Holland, Bethlehem, Pa., for Pullman.

Peter P. Liebert, III, Philadelphia, Pa., for Cargill.

OPINION

DITTER, District Judge.

These cases involve an alleged conflict of interest on the part of plaintiffs' attorney. They came before the court on a defense motion to disqualify him and to dismiss the suits because of the representation by plaintiffs' counsel of a potentially adverse party at the time of the incident from which the actions arose. Following a hearing and after consideration of counsels' briefs, I concluded that no prejudice had resulted...

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