Arthur L. Lang, Administrator of the Estate of Richard Klinkhammer v. The Elm City Construction Company

This is an appeal by The Elm City Construction Company from Judge Timbers’ order granting plaintiff’s motion for partial summary judgment and authorizing an immediate appeal pursuant to 28 U.S.C. § 1292(b). His opinion appears at 217 F.Supp. 873.

This is an action brought by the administrator of Klinkhammer’s estate to recover damages for his injury and death under the Connecticut Wrongful Death statute. Section 52-555 Conn.Gen.Stats. (1958 Revision). The decedent was a resident of Connecticut and all persons interested as beneficiaries of his estate are citizens of Connecticut, as are also…