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MACCARINI v. NEW HAVEN TRAP ROCK COMPANY

No. 78, Docket 24611.

249 F.2d 893 (1957)

Leonard MACCARINI, Plaintiff-Appellant, v. The NEW HAVEN TRAP ROCK COMPANY, Defendant-Appellee, and Third-Party Plaintiff, Westchester Colprovia Corporation, Third-Party Defendant.

United States Court of Appeals Second Circuit.

Decided December 12, 1957.

Attorney(s) appearing for the Case

James E. Foley, New York City, for appellant, Thomas C. Cusack and William L. Shumate, New York City, of counsel.

Thew Wright, Jr., and John D. Fassett, New Haven, Conn., for appellee.

Before SWAN, MEDINA and WATERMAN, Circuit Judges.

PER CURIAM.

Action to recover for injuries sustained by plaintiff, an employee of Westchester Colprovia Corporation, while working on premises owned by the defendant, tried to the court and a jury. Federal jurisdiction rests on diversity of citizenship, and the applicable law is that of New York as the premises are located in that state. At the close of all the evidence defendant moved for a directed verdict. Decision was reserved and the case was submitted to the...

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