Carolyn D. Moore, Administratrix of the Estate of Phillip P.morello, Deceased, Appellant, v. United States of America, Defendant and Third-partyplaintiff, v. Jay Aster, Individually and T/a Wingateconstruction Company, Third-party Defendant, Cross-claimantand Cross-claim Defendant, and Philadelphia Electriccompany, Third-party Defendant, Cross-claimant Andcross-claim Defendant, and Russell W. Morello and Anthonymorello, Individually and As Partners Trading As Russell W.morello Excavating and Paving Contractor, Third-partydefendant, Cross-claimant and Cross-claim Defendant, 332 F.2d 372 (3d Cir. 1964)

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US Court of Appeals for the Third Circuit - 332 F.2d 372 (3d Cir. 1964) Argued May 4, 1964. Decided June 8, 1964

Elwood S. Levy, Philadelphia, Pa., for appellant.

Isaac S. Garb, Asst. U.S. Atty., Philadelphia, Pa., for United States (Drew J. T. O'Keefe, U.S. Atty., Philadelphia, Pa., on the brief).

James J. McCabe, Jr., Philadelphia, Pa. (Duane, Morris & Heckscher, Richard Rosenbleeth, Steinberg, Richman, Price & Steinbrook, Philadelphia, Pa., on the brief), for third-party defendant Jay Aster, Individually and t/a Wingate Const. Co.

Daniel J. Ryan, Philadelphia, Pa. (LaBrum & Doak, William F. Fox, Philadelphia, Pa., on the brief), for Russell W. and Anthony Morello.

Before McLAUGHLIN and STALEY, Circuit Judges, and LEAHY, District judge.


This case was tried to the court. Our own examination of the trial record shows substantial affirmative evidence in support of the district court's finding as a trier of the fact that plaintiff's decedent was guilty of contributory negligence which was a juridical cause of his death. Appellant's other points are without merit.

The judgment of the district court will be affirmed.