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UNITED STATES v. NEW YORK FOREIGN TRADE ZONE OPERATORS

No. 21, Docket 26883.

304 F.2d 792 (1962)

UNITED STATES of America, Plaintiff-Appellant, v. NEW YORK FOREIGN TRADE ZONE OPERATORS, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 20, 1962.

Attorney(s) appearing for the Case

Morton Hollander, Chief, Appellate Section, Dept. of Justice (William H. Orrick, Jr., Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty., John G. Laughlin and Ronald A. Jacks, Attys., Dept. of Justice), for plaintiff-appellant.

John F. Smith, New York City (John Nielsen, New York City, of counsel), for defendant-appellee.

Before CLARK, WATERMAN and MOORE, Circuit Judges.

WATERMAN, Circuit Judge.

The plaintiff, United States of America, as assignee of a personal injury claim of its employee, Joseph Garcia, brought this action for negligence against the defendant, New York Foreign Trade Zone Operators, Inc. From a judgment entered upon a jury verdict in favor of the defendant, the plaintiff appeals.

On the date of his injury, January 20, 1957, Joseph Garcia was employed as a waiter...

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