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BURRIS v. AMERICAN CHICLE CO.

No. 278.

120 F.2d 218 (1941)

BURRIS v. AMERICAN CHICLE CO. (ASHLAND WINDOW & HOUSE CLEANING CO., Inc., Third Party Defendant-Appellant).

Circuit Court of Appeals, Second Circuit.

May 26, 1941.

Attorney(s) appearing for the Case

Alexander Loeb, of New York City (Ralph Stout, of New York City, and Louis Rothbard, of Brooklyn, N. Y., of counsel), for plaintiff-appellee-appellant.

Herbert F. Hastings, Jr., of New York City (F. G. Mann, of New York City, of counsel), for defendant-appellant American Chicle Co.

Aaron William Levy, of New York City (Aaron William Levy and Beryl H. Levy, both of New York City, of counsel), for third party defendant-appellant Ashland Window & House Cleaning Co. Inc.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff received bodily injuries when he fell from a swinging scaffold while at work as an employee of Ashland Window & House Cleaning Company, Inc., in the performance of the latter's contract with the owner to clean the windows in a public building owned by the American Chicle Company in New York City. He sued the American Chicle Company and it in turn cited in the Ashland Company under a third party complaint upon the theory that...

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