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BURKE v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD CO.

No. 137, Docket 25228.

267 F.2d 894 (1959)

Leo C. BURKE, Plaintiff-Appellee, v. NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 5, 1959.

Attorney(s) appearing for the Case

Edmund J. Moore, New York City (Kenneth B. Morton, New York City, of counsel), for defendant-appellant.

Healy, Holmes & Healy, New York City (T. Donald Healy, New York City, of counsel), for plaintiff-appellee.

Before HAND and WATERMAN, Circuit Judges, and BYERS, District Judge.

WATERMAN, Circuit Judge.

Plaintiff brought this action in the Southern District of New York seeking to recover damages for an alleged false arrest and imprisonment by defendant on February 13, 1953 in Stamford, Connecticut. After a trial without a jury a judgment was entered in plaintiff's favor for $2,250, and defendant brings this appeal.

Early in 1953 information was received by one McAuliffe, a captain of defendant's police department, concerning improper...

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