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GUARNIERI v. KEWANEE-ROSS CORPORATION

No. 144, Docket 24708.

270 F.2d 575 (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 October 2, 1959.

Attorney(s) appearing for the Case

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

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

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

Before MEDINA, WATERMAN and MOORE, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Kewanee-Ross Corporation, defendant-appellant and third-party plaintiff-appellee petitions for a rehearing and for a consideration of the questions involved by the court en banc. Kewanee urges (1) an affirmance of the original judgment or a reversal and remand for a new trial, or, in the alternative (2) direction of a new trial between Kewanee and the third-party defendant-appellant, Burnham Corporation.

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