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NOTTIS v. POZOOR

Civ. A. No. 6403.

162 F.Supp. 172 (1957)

Barbara J. NOTTIS, Plaintiff, v. Joseph POZOOR, Jr., and United States of America, Defendants.

United States District Court W. D. New York.

February 5, 1957.

Attorney(s) appearing for the Case

Magavern, Magavern, Lowe & Gorman, Buffalo, N. Y. (John M. Gorman, Buffalo, N. Y., of counsel), for plaintiff.

Desmond & Drury, Buffalo, N. Y. (Edward J. Desmond, Buffalo, N. Y., of counsel), for defendant Joseph Pozoor, Jr.

John O. Henderson, U. S. Atty., Buffalo, N. Y. (Leo J. Fallon, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for defendant United States of America.

MORGAN, District Judge.

The plaintiff in this action was, at the time of the accident, April 14, 1954, a passenger in a 1950 Chevrolet Tudor Sedan, which was being driven by a friend of hers in a westerly direction on route 5, a public highway of the State of New York. That portion of route 5 between Dunkirk, New York, and Erie, Pennsylvania, was in an area of rolling country with dips and crests. The road was a two lane highway for one lane of cars going easterly...

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