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CAMPS v. NEW YORK CITY TRANSIT AUTHORITY

No. 69, Docket 25116.

261 F.2d 320 (1958)

Rafael Garcia CAMPS, Plaintiff-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 3, 1958.

Attorney(s) appearing for the Case

Seymour Schwartz, New York City (Lawrence M. Kesselman, New York City, on the brief), for plaintiff-appellant.

Daniel T. Scannell, Brooklyn, N. Y. (Edward L. Cox, Jr., Brooklyn, N. Y., and Abraham Satran, New York City, on the brief), for defendant-appellee.

Before HINCKS, LUMBARD and MOORE, Circuit Judges.

LUMBARD, Circuit Judge.

The plaintiff, Rafael Camps, appeals from a judgment for the defendant entered on a jury verdict in a tort action for injuries suffered by Camps while attempting to enter a subway car of the 42nd Street shuttle operated by the Authority. Jurisdiction rests upon diversity of citizenship, 28 U.S.C. § 1332 (1952) as Camps is a citizen of Cuba. The only issue presented for our decision is whether...

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