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SIENTKI v. HAFFNER

145 F.Supp. 435 (1956)

Frank SIENTKI, as Administrator of the Estate of Raymond Sientki, deceased, Plaintiff, v. Frank HAFFNER and Frank W. Haffner and Braun Importing Co., Inc., Defendants. Frank HAFFNER and Frank W. Haffner, Third Party Plaintiffs, v. AMERICAN EXPORT LINES, Inc., Third Party Defendant.

United States District Court S. D. New York.

October 26, 1956.

Attorney(s) appearing for the Case

Abraham M. Fisch, New York City, for plaintiff.

Alexander & Ash, New York City, for Frank Haffner and Frank W. Haffner.

John P. Smith, New York City, for defendant Braun Importing Co., Inc.

William F. McNulty, New York City, for third party defendant.

Rudser & Fitzmaurice, New York City, for Employers Mut. Liability Ins. Co. of Wisconsin.

McGOHEY, District Judge.

Two motions are here considered; one to dismiss a third party complaint, the other to quash a subpoena duces tecum.

The Motion to Dismiss

The plaintiff's intestate died as the result of injuries sustained when he was struck by a bale which fell from a pile near which he was working as a cooper on Pier C in Hoboken, N. J. The plaintiff sued the Haffners and Braun Importing Co. alleging that the deceased's death was caused...

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