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McGRATH v. GOLDBERG

Civ. A. No. 58-1132.

201 F.Supp. 803 (1962)

Charles J. McGRATH, Plaintiff, v. Samuel GOLDBERG and S. G. Marshall Company, Inc., Defendants.

United States District Court D. Massachusetts.

January 31, 1962.

Attorney(s) appearing for the Case

Charles E. Cunningham, Boston, Mass., for plaintiff.

Andrew Meyer, Boston, Mass., for defendant.

CAFFREY, District Judge.

This is a diversity action of tort for personal injuries and property damage. Prior to trial the parties stipulated that Count 3 and that portion of Count 5 relating to personal injuries be dismissed, leaving for determination only the claim for property damage.

I find that at approximately 8:00 p. m. on February 15, 1958, plaintiff was operating his 1957 Ford automobile in a northerly direction on Nantasket Avenue, Hull, Massachusetts...

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