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GUARNIERI v. KEWANEE-ROSS CORPORATION

No. 144, Docket 24708.

263 F.2d 413 (1959)

Theresa GUARNIERI, as Administratrix of the goods, chattels and credits which were of Nazario Guarnieri, deceased, Plaintiff-Appellee, v. KEWANEE-ROSS CORPORATION, Defendant-Appellant and Third-Party Plaintiff-Appellee, Burnham Corporation, Third-Party Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 6, 1959.

Attorney(s) appearing for the Case

William C. Mattison, Brooklyn, N. Y. (James Dempsey, Peekskill, N. Y., Thomas Grimes, New York City, Thomas P. Keenan, Jr., Maspeth, N. Y., on the brief), for plaintiff-appellee, Theresa Guarnieri.

John F. Dooling, Jr., New York City (Sullivan & Cromwell, James A. Thomas, Jr. and Stephen Rackow Kaye, New York City, on the brief), for defendant and third-party plaintiff, Kewanee-Ross Corp.

John V. Downey, New York City (MacIntyre, Burke & Downey, New York City, on the brief), for third-party defendant-appellant, Burnham Corp.

Before MEDINA, WATERMAN and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Kewanee-Ross Corporation (hereinafter referred to as "Kewanee"), the sole defendant in the action instituted by plaintiff to recover damages for the wrongful death of Nazario Guarnieri, appeals from a judgment for $75,000 entered against it in plaintiff's favor after a jury trial.

Burnham Corporation (hereinafter referred to as "Burnham"), the third-party defendant, brought into the action by Kewanee as the third-party plaintiff, appeals...

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