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SMITH v. TOWN OF ORANGETOWN

57 F.Supp. 52 (1944)

SMITH et al. v. TOWN OF ORANGETOWN et al.

District Court, S. D. New York.

September 15, 1944.

Attorney(s) appearing for the Case

Samuel L. Sargent, of New York City (Emanuel Thebner and Joseph H. Sand, both of New York City, of counsel), for plaintiffs.

William E. Lowther, of New York City, for defendant Town of Orangetown.

Evans, Rees & Orr, of New York City (William E. Lowther, of New York City, John E. Mack and Joseph A. McCabe, both of Poughkeepsie, N. Y., and Fred H. Rees and William G. Walsh, both of New York City, of counsel), for defendant Max Friedman.

MOSCOWITZ, District Judge.

At the close of the trial, resulting in a verdict for the defendants, plaintiffs moved to set aside the verdict and for a new trial on the usual grounds, namely, that the verdict was contrary to the law, contrary to the evidence and contrary to the weight of the evidence. At that time the Court stated that a brief would be received solely upon its refusal to charge plaintiffs' requests numbered 11, 12 and 13, but counsel for the plaintiffs...

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