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FOGAL v. MID-STATES FREIGHT LINES

No. 99, Docket 22157.

193 F.2d 482 (1952)

FOGAL v. MID-STATES FREIGHT LINES, Inc. et al.

United States Court of Appeals, Second Circuit.

Decided January 7, 1952.

Attorney(s) appearing for the Case

J. Emmett O'Brien, Rochester, N.Y. (John S. Gilman, Rochester, N.Y., of counsel, on brief), for plaintiff-appellee.

David B. Sugarman, Syracuse, N.Y., for defendants-appellants.

Before CHASE, CLARK and FRANK, Circuit Judges.

PER CURIAM.

The appellee's intestate was killed while driving alone in an automobile on Route 33-A in New York when his car ran into the rear of a tractor-trailer owned by appellant Mid-States Freight Lines, Inc., and operated at the time by appellant Moore. There being diversity of citizenship, this suit for damages caused by his death was brought in the district court. From a judgment on a verdict for the plaintiff, this...

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