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FLANZBAUM v. KLEIN

3 A.D.2d 749 (1957)

Aaron Flanzbaum, Doing Business under the Name of Davaar Industries, Limited, Appellant, v. Ezra Klein, Doing Business under the Name of Terminal Trucking Co., Judgment Debtor, and M & M Transportation Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 4, 1957

Order reversed, with $10 costs and disbursements, and motion granted.

The judgment debtor's third-party complaint in the Federal court was brought under subdivision (11) of section 20 of title 49 of the United States Code, on the theory that the judgment debtor was a shipper and respondent an initial carrier. The action now sought to be instituted purports to be under subdivision (12) of section 20 of title 49 of the code on the theory that the judgment debtor was...

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