FILIPEK v. MOORE-McCORMACK LINES

No. 374, Docket 25096.

258 F.2d 734 (1958)

Walter FILIPEK, Plaintiff-Appellant, v. MOORE-McCORMACK LINES, Inc., Defendant and Third Party Plaintiff-Appellee, and EASTERN RIGGING CORP., Third Party Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 11, 1958.


Attorney(s) appearing for the Case

James W. Forsyth, St. George, S. I., N. Y. (Jack Steinman, New York City, on the brief), for plaintiff-appellant.

Walter X. Connor, New York City (Charles N. Fiddler, Thomas F. Feeney, and Kirlin, Campbell & Keating, New York City, on the brief), for defendant and third party plaintiff-appellee.

Edmund F. Lamb, New York City (Lawless & Lynch and Purdy, Lamb & Catoggio, New York City, on the brief), for third party defendant-appellant.

Before CLARK, Chief Judge, and SWAN and LUMBARD, Circuit Judges.


LUMBARD, Circuit Judge.

This is an appeal from an order of Judge Bruchhausen, Eastern District of New York, 156 F.Supp. 854, setting aside a jury verdict for the plaintiff, Walter Filipek, in the amount of $47,500 and entering judgment n. o. v. for the defendant, Moore-McCormack Lines, Inc., or in the alternative granting a new trial. The third party defendant also appeals from so much of the order which dismissed the third party...

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