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MARTUCCI v. BROOKLYN CHILDREN'S AID SOC.

No. 127.

133 F.2d 252 (1943)

MARTUCCI et al. v. BROOKLYN CHILDREN'S AID SOC.

Circuit Court of Appeals, Second Circuit.

January 27, 1943.

Attorney(s) appearing for the Case

Charles A. Loreto and Louis Napolitano, both of New York City, for appellants.

Alfred W. Andrews, of New York City (William L. Shumate, of New York City, of counsel), for appellee.

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

CHASE, Circuit Judge.

This suit was brought by a resident of the State of Connecticut, the father of an infant who sued individually and as guardian ad litem of the infant. It is against a New York corporation which maintains at Far Rockaway, New York, a nursing home for children called the Wave Crest Convalescent Home. Jurisdiction based on diversity was duly alleged and is not questioned.

The case was tried to a jury which disagreed. Following that, the...

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