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HARSHBERGER v. ASSOCIATED TRANSPORT, INC.

Nos. 263, 264, Dockets 25936, 25937.

282 F.2d 179 (1960)

Dorothy M. HARSHBERGER, as Administratrix of the Estate of Harry Nelson Harshberger, Deceased, Plaintiff-Appellee, v. ASSOCIATED TRANSPORT, INC., and Floyd Kenneth Spenton, Defendants-Appellants. ASSOCIATED TRANSPORT, INC., Plaintiff-Appellant, v. Dorothy M. HARSHBERGER, as Administratrix of the Estate of Harry Nelson Harshberger, Deceased, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 29, 1960.

Attorney(s) appearing for the Case

Bartle Gorman, Utica, N. Y., for plaintiff and defendant-appellee, J. Walter Augar, Utica, N. Y., on the brief.

Copal Mintz, New York City, for defendants and plaintiff-appellant (Harold Davis, New York City, of counsel).

Before WATERMAN and BARNES, Circuit Judges, and SMITH, District Judge.

BARNES, Circuit Judge.

Two appeals are here presented from judgments rendered in the United States District Court for the Northern District of New York. The first is by defendants below from a judgment in favor of plaintiff-appellee in the sum of $59,312.50, plus costs, for the alleged wrongful death of appellee's husband, and the second by defendant Associated Transport, Inc., from a judgment against it on its claim for property damage.

This action was brought...

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