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DRAKE v. MING CHI SHEK

Civ. A. No. 522-57.

155 F.Supp. 345 (1957)

Mae DRAKE and Wesley G. Drake, Plaintiffs, v. MING CHI SHEK and Hong Ah Look, t/a Ming's Chinese American Restaurant, Defendants.

United States District Court D. New Jersey.

November 4, 1957.

Attorney(s) appearing for the Case

Durand, Ivins & Carton, Asbury Park, N. J., by Robert R. Witt, Asbury Park, N. J., for defendants, for the motion.

Mackerley & Friedman, Newton, N. J., by Harold T. McGovern, Newton, N. J., Frank G. Schlosser, Newton, N. J., of counsel, contra.

FORMAN, Chief Judge.

This is a personal injury suit brought in the United States District Court because of diversity of citizenship, the amount in issue exceeding the $3,000 jurisdictional requirement.

The complaint was filed on May 23, 1957, alleging, in Count one, that plaintiff Mae Drake was an invitee to the premises of defendants' restaurant on October 24, 1954, where she fell and was seriously injured as a result of defendants' negligence "in permitting...

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