John Manganaro, Administrator v. The Delaval Separator Co.

HARTIGAN, Circuit Judge.

This is an appeal by plaintiff-appellant from the district court’s granting of defendants-appellees’ motion for summary judgment in an action to recover damages for the death of plaintiff’s intestate under the Maine Death Statute (Maine Revised Statutes 1954, Chap. 165, Secs. 9 and 10). Jurisdiction is based on diversity of citizenship.

The district court granted defendants’ motion after a hearing in which the court determined that the pleadings, depositions and admissions on file in the case disclosed that there was no genuine issue as to any material fact and that the…