Legal Opinion · Dissent
Provident Tradesmens Bank v. Lumbermens Mutual Casualty Co.
Court of Appeals for the Third Circuit
Decided April 2, 1969No. 14589Published
1DissentKalodner, Circuit Judge
I would reverse the judgment of the District Court with directions to grant a new trial for these reasons:
The District Court erred (1) in ruling that the Pennsylvania Dead Man’s Act, 28 P.S. § 322, rendered Dutcher incompetent as a witness against the Lynch and Smith estates; and (2) in its instructions in the Harris trial on the score of deviation.
In order to bring into focus the issue stated, this factual statement of the situation which gave rise to them must be made.
The instant declaratory judgment proceeding was brought by Lynch’s Estate1 to determine whether the coverage of a public…
2Cases cited30 opinions
- Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
- United Air Lines, Inc. v. Janice Wiener and Catherine B. Nollenberger (Excluding Faith C. Paris), United States of America v. Janice WienerCourt of Appeals for the Ninth Circuit · 1964
- Bruszewski v. United StatesCourt of Appeals for the Third Circuit · 1950
- Oklahoma Packing Co. v. Oklahoma Gas & Electric Co.Supreme Court of the United States · 1940
- United Air Lines, Inc. v. United StatesSupreme Court of the United States · 1964
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