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HARRISON v. BLUEBERRY HILL

Nos. 12356, 12357.

255 F.2d 730 (1958)

Gustave HARRISON, Plaintiff-Appellant in No. 12356, v. BLUEBERRY HILL, a Corporation of New Jersey, Defendant-Appellee in No. 12356 and Cross-Appellant in No. 12357 and Tryon Construction Corp., a Corporation of New Jersey, Defendant-Cross-Appellee in No. 12357.

United States Court of Appeals Third Circuit.

Decided May 27, 1958.

Attorney(s) appearing for the Case

Bernard Chazen, Hoboken, N. J. (Baker, Garber & Chazen, Nathan Baker, Hoboken, N. J., on the brief), for plaintiff Harrison.

Edward V. Ryan, Newark, N. J., for Blueberry Hill.

Paul J. O'Neill, Newark, N. J., for Tryon Const. Co.

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

KALODNER, Circuit Judge.

In a diversity action, plaintiff, Gustave Harrison,1 brought suit against two New Jersey corporations, Blueberry Hill, ("Blueberry") and Tryon Construction Corp. ("Tryon"), seeking damages based on alleged negligence. Blueberry was the owner of a house in course of construction in Tenafly, New Jersey. Tryon was the carpenter contractor engaged by Blueberry. Plaintiff was employed by Key Painting Company, ("Key...

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