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HARRINGTON BROS. v. CITY OF NEW YORK

51 F.2d 503 (1931)

HARRINGTON BROS., Inc., v. CITY OF NEW YORK et al.

District Court, S. D. New York.

July 22, 1931.

Attorney(s) appearing for the Case

James Rosthal, of New York City, for complainant.

Bijur & Herts, of New York City (Harry Bijur, of New York City, of counsel), for defendant John J. Kelly, Inc.

Baar, Bennett & Fullen, of New York City (John P. Hurley, of New York City, of counsel), for defendants Slattery Daino Co., Inc., and Continental Casualty Co.

WOOLSEY, District Judge.

I give the plaintiff a decree herein with a reference to a master to compute the damages, if the parties cannot agree thereon.

I. This case, which was before me once previously on a motion by a judgment creditor of the plaintiff to intervene, Harrington Brothers, Inc., v. City of New York, 35 F.2d 1009, is now before me on trial.

There are two questions now involved herein:

(1) The...

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