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HOLLINGER v. WAGNER MINING EQUIPMENT CO.

Civ. A. No. 77-4343.

505 F.Supp. 894 (1981)

Patricia A. HOLLINGER, Administratrix of the Estate of Germaine S. Hollinger v. WAGNER MINING EQUIPMENT COMPANY, a division of Paccar, Inc.

United States District Court, E. D. Pennsylvania.

January 13, 1981.

Attorney(s) appearing for the Case

Joseph Lurie, Philadelphia, Pa., for plaintiff.

David L. Grove, Philadelphia, Pa., for defendant.

MEMORANDUM

TROUTMAN, District Judge.

While drilling and blasting oversized chunks of ore in an iron mine in Morgantown, Pennsylvania, plaintiff's decedent left his helper without speaking to him and walked in the direction of a powder storage area. As he proceeded, a scooptram1 operator spotted him, noted his progress, but afterward lost sight of him and assumed he had entered a manway...

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