Tammy Burke, Royal Insurance Company, Linda Burke Daniels, Plaintiff-Third-Party v. John Smith, Heyl Truck Lines, Inc., Defendants-Third-Party

U.S. Court of Appeals, Third Circuit · Decided 2001-05-31

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KRAVITCH, Circuit Judge: John Smith and Heyl Truck Lines, Inc. (collectively, the “Defendants”) appeal the district court’s order setting aside the dismissal of a wrongful death action filed against them by four plaintiffs. The district court initially dismissed the action pursuant to a voluntary settlement agreement and release. Subsequently, Tammy Burke (“Tammy”), one of the…

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