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BERRY v. MIDTOWN SERVICE CORPORATION

No. 307.

104 F.2d 107 (1939)

BERRY v. MIDTOWN SERVICE CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

May 29, 1939.

Attorney(s) appearing for the Case

Tyson & Tyson, of New York City (Harold R. Medina and Frank L. Tyson, both of New York City, of counsel; I. Sidney Worthman, of New York City, on the brief), for appellant.

Kaufman & Weitzner, of New York City (Samuel H. Kaufman, Emil Weitzner, and Harold S. Lynton, all of New York City, of counsel), for appellees.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

The present action was brought against Midtown Service Corporation to recover damages for the wrongful death of the plaintiff's husband caused by an accident in an amusement park operated by the defendant. The trial resulted in a judgment for the plaintiff which was entered on June 30, 1938. The defendant was represented by the attorney of its insurance carrier who after rendition of the verdict, asked...

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