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SUSMANN v. TULLAR

No. 216, Docket 25553.

276 F.2d 899 (1960)

Herbert SUSMANN, Plaintiff-Appellee, v. Paul J. TULLAR, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 30, 1960.

Attorney(s) appearing for the Case

Harry J. Kelly, Buffalo, N. Y. (Adelbert Fleischmann, John B. Walsh and Gleason, Fitzpatrick, O'Connor & O'Brien, Buffalo, N. Y., on the brief), for defendant-appellant.

Joseph L. Watson, Buffalo, N. Y. (Hetzelt & Watson, Buffalo, N. Y., on the brief), for plaintiff-appellee.

Before LUMBARD, Chief Judge, and MOORE and FRIENDLY, Circuit Judges.

PER CURIAM.

Paul Tullar appeals from a jury verdict in favor of plaintiff Herbert Susmann for $60,180 in a suit arising out of injuries sustained by Susmann when Tullar's automobile, in which Susmann was riding as a guest, left the road and struck a telephone pole. The accident occurred on Route 46 between Jefferson and Ashtabula, Ohio on the evening of May 1, 1957. Jurisdiction of the district court was based upon diversity of citizenship.

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