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SCHIAVONE TERMINAL, INC. v. BOZZO

Nos. 5733, 5734.

289 F.2d 735 (1961)

SCHIAVONE TERMINAL, INC., Third-Party Defendant, Appellant, v. Comm. Guiseppe BOZZO, Third-Party Plaintiff, Appellee. Comm. Guiseppe BOZZO, Defendant, Appellant, v. Edward J. NEAREN, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

May 4, 1961.

Attorney(s) appearing for the Case

Paul R. Frederick, Boston, Mass., with whom Peter D. Cole and Badger, Parrish, Sullivan & Frederick, Boston, Mass., were on brief, for Schiavone Terminal, Inc.

Leo F. Glynn, Boston, Mass., for Comm. Guiseppe Bozzo.

Nathan Greenberg, Boston, Mass., for Edward J. Nearen, appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

These are two appeals from a judgment of the United States District Court for the District of Massachusetts entered June 2, 1960 in accord with a special verdict returned by the jury. The judgment ordered that the plaintiff, Edward J. Nearen, recover $5,604.43 plus costs from the defendant, Comm. Guiseppe Bozzo, and that Bozzo, the third party plaintiff, recover from the third party defendant, Schiavone Terminal, Inc., such part of the above...

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