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LEWIS-KURES v. EDWARD R. WALSH & CO.

No. 44.

102 F.2d 42 (1939)

LEWIS-KURES et al. v. EDWARD R. WALSH & CO., Inc.

Circuit Court of Appeals, Second Circuit.

February 20, 1939.

Attorney(s) appearing for the Case

James J. Mahoney, of New York City (James J. Mahoney and George J. Stacy, both of New York City, of counsel), for appellant.

Silas B. Axtell, of New York City, for appellees.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

Jurisdiction of the district court rests on diverse citizenship, the plaintiffs, husband and wife, being residents of New Jersey and the defendant a New York corporation. In 1936 the defendant was engaged as a subcontractor in demolishing the United States Post Office building at Troy, N. Y. While this work was in progress, Mrs. Lewis-Kures (for convenience called the plaintiff) sustained a fall on the steps of this building, resulting in personal...

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