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GEORGE J. WALDIE TOWING CO. INC. v. RICCA

No. 126, Docket 23760.

227 F.2d 900 (1955)

GEORGE J. WALDIE TOWING CO., Inc., Petitioner-Respondent, v. Hugo F. RICCA, Executor of the Estate of Joseph S. Martin, Deceased, Claimant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 9, 1955.

Attorney(s) appearing for the Case

Louis R. Harolds, New York City (William L. Standard, New York City, on the brief), for claimant-appellant.

John Nielsen, New York City (John P. Smith, New York City, on the brief), for petitioner-respondent.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

CLARK, Chief Judge.

The narrow limits of this controversy, where the principles of law seem to be thoroughly settled, suggest question as to why it has taken several years and ultimately appellate review to adjust these procedural matters preliminary to approaching the real issues separating the parties. Co-operation between counsel in settlement of such preliminaries would seem desirable both for the benefit of the parties and for the relief of congested trial and...

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