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BATES v. MILLER

No. 132.

133 F.2d 645 (1943)

BATES v. MILLER et al.

Circuit Court of Appeals, Second Circuit.

February 1, 1943.

Attorney(s) appearing for the Case

Fred Flatow, of New York City (Macpeak, Flatow & Abramowitz, of New York City, on the brief), for defendants-appellants.

Sidney Greenman, of New York City (House, Grossman, Vorhaus & Hemley and David Vorhaus, all of New York City, on the brief), for plaintiff-appellee.

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

CLARK, Circuit Judge.

About midnight on December 29, 1939, plaintiff, while a passenger on a bus of Pan-American Bus Lines, Inc., sustained personal injuries as the result of an accident involving the bus and a truck and trailer owned by defendant Miller and operated by defendant Rupp. Plaintiff first sued the Bus Lines alone, but after the latter had impleaded Miller and Rupp under Rule 14, Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, plaintiff...

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