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NAPOLITANO v. EASTERN MOTOR EXPRESS

No. 12161.

246 F.2d 249 (1957)

Alphonse NAPOLITANO, Appellant, v. EASTERN MOTOR EXPRESS, Inc.

United States Court of Appeals Third Circuit.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Anthony P. LaPorta, Hoboken, N. J. (Lawrence E. Florio, Hoboken, N. J., Abraham M. Fisch, New York City, on the brief), for appellant.

Nicholas Conover English, Newark, N. J. (McCarter, English & Studer, Verling C. Enteman, Le Roy H. Mattson, Newark, N. J., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

This is a diversity of citizenship suit based on New Jersey law for personal injuries brought by Alphonse Napolitano against Eastern Motor Express, Inc. The accident in which the plaintiff was injured took place while a truck was being unloaded at the steamship pier in Hoboken, New Jersey. At the conclusion of the plaintiff's case the court dismissed on motion by the defendant. In this, the plaintiff...

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