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GUTIERREZ v. PUBLIC SERVICE INTERSTATE TRANSP. CO.

No. 131, Docket 20819.

168 F.2d 678 (1948)

GUTIERREZ et al. v. PUBLIC SERVICE INTERSTATE TRANSP. CO.

Circuit Court of Appeals, Second Circuit.

June 23, 1948.

Attorney(s) appearing for the Case

Irving Katcher, of New York City (Aaron Frank, Gustave G. Rosenberg, and Nathan L. Samuelson, all of New York City, of counsel), for plaintiffs-appellees.

Philip J. O'Brien, of New York City (John G. Coleman, and Philip J. O'Brien, Jr., both of New York City, of counsel), for defendant-appellant.

Before AUGUSTUS N. HAND, CLARK, and WOODBURY, Circuit Judges.

WOODBURY, Circuit Judge.

This is an appeal from a judgment entered on a verdict returned by a jury for the plaintiffs in an action to recover for the death of their intestate brought originally in the Supreme Court of the State of New York but removed by the defendant to the court below, there being the requisite diversity of citizenship and amount in controversy. The sole question presented is whether the evidence is sufficient to support the verdict.

The...

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