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McNELLO v. JOHN B. KELLY, INC.

No. 13077.

283 F.2d 96 (1960)

Eric McNELLO v. JOHN B. KELLY, INC., Appellant, v. B. J. LUCARELLI AND COMPANY, Inc., Third-Party Defendant.

United States Court of Appeals Third Circuit.

Decided September 15, 1960.

As Amended on Denial of Rehearing November 17, 1960.

Attorney(s) appearing for the Case

Norman Paul Harvey, Philadelphia, Pa. (John J. McDevitt, 3rd, Philadelphia, Pa., on the brief), for appellant.

Benjamin Pomerantz, Philadelphia, Pa. (Sheldon Kapustin, Raymond Schwartz, Philadelphia, Pa., on the brief), for appellee, Eric McNello.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

On November 15, 1954, while working on the roof of a three-story building under contruction in Philadelphia, by the defendant Kelly, a Pennsylvania corporation, the plaintiff, McNello, a carpenter of twelve years' experience, employed by the third-party defendant, Lucarelli, fell when a brick structure which he was using to aid him in crossing from one compartment to another in the building gave way, causing him to fall and to sustain injuries...

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