Legal Opinion

Pennsylvania R. Co. v. Kirkpatrick, Chief Judge

Court of Appeals for the Third Circuit

Decided April 2, 1953No. 10938_1PublishedCited by 16 opinions

1Opinion of the Court

GOODRICH, Circuit Judge.

This is a petition for mandamus and is heard upon the rule to show cause and answer thereto. The intervening respondent is the plaintiff in a suit brought against petitioner here.

Bernat sued the Pennsylvania Railroad under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. His counsel, proceeding under Rule 34, asked the defendant for a copy of a statement made by the plaintiff to a claim agent of the defendant shortly after the accident. At the time of making the statement the plaintiff was not represented by counsel; furthermore, no copy of the statement…

2Cases cited22 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Hickman v. TaylorSupreme Court of the United States · 1947
  3. United States v. SmithSupreme Court of the United States · 1947
  4. All States Freight, Inc. v. ModarelliCourt of Appeals for the Third Circuit · 1952
  5. Paramount Pictures, Inc. v. Rodney, U.S. District Judge (Two Cases). Interstate Circuit, Inc. v. Rodney, U.S. District Judge (Two Cases)Court of Appeals for the Third Circuit · 1951

17 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. American Express Warehousing, Ltd. v. Transamerica Insurance CompanyCourt of Appeals for the Second Circuit · 1967
  2. A. N. Overby, Acting Secretary of the Treasury v. United States Fidelity and Guaranty Company and the First National Bank of AuburnCourt of Appeals for the First Circuit · 1955
  3. Guilford National Bank v. Southern Railway Co.Court of Appeals for the Fourth Circuit · 1962
  4. American Airlines, Inc. v. Forman, Judge. Slick Airways, Inc. v. American Airlines, Inc.Court of Appeals for the Third Circuit · 1953
  5. Butcher & Sherrerd v. WelshCourt of Appeals for the Third Circuit · 1953

11 more not listed; retrieve them via the Exa API.

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