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TROPEA v. SHELL OIL COMPANY

No. 26981.

307 F.2d 757 (1962)

Joseph C. TROPEA, Plaintiff-Appellee, v. SHELL OIL COMPANY and Maripet Supply Corporation, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided August 13, 1962.

Attorney(s) appearing for the Case

Sargent & Sand, New York City (Benjamin Heller, New York City, of counsel), for plaintiff-appellee.

Terhune, Gibbons & Mulvehill, New York City (Edmund J. Fanning, Patrick E. Gibbons, New York City, of counsel), for defendant-appellant Shell Oil Company.

Lawless & Lynch, Purdy, Lamb & Catoggio, New York City (Edmund F. Lamb, William E. Fay, III, New York City, of counsel), for defendant-appellant Maripet Supply Corporation.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

WATERMAN, Circuit Judge.

The plaintiff, Joseph C. Tropea, brought the present action against the defendants, Shell Oil Co. (Shell) and Maripet Supply Corp. (Maripet) for personal injuries allegedly caused by the negligence of one of Maripet's employees. Shell cross-claimed against Maripet for whatever amount the plaintiff might recover against Shell. After trial by jury in the Eastern District of New York, judgment was entered for the plaintiff upon a jury verdict...

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