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MASSA v. C.A. VENEZUELAN NAVIGACION

No. 129, Docket 27059.

298 F.2d 239 (1962)

Nicola MASSA, Plaintiff-Appellant, v. C. A. VENEZUELAN NAVIGACION, Defendant and Third-Party Plaintiff-Appellant, v. JOHN W. McGRATH CORPORATION, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 15, 1962.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff-appellant.

Renato C. Giallorenzi, New York City, for defendant and third-party plaintiff-appellant.

Gerald J. McKernan, New York City (Macklin, Speer, Hanan & McKernan, New York City, on the brief) (James M. Leonard, New York City, of counsel), for third-party defendant-appellee.

Before WATERMAN, SMITH and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

Plaintiff appeals from a judgment entered in the Eastern District of New York dismissing his complaint after trial before a jury which failed to reach a verdict. The sole reason asserted by the judge below in support of his action was "that the plaintiff * * * failed to prove a prima facie case."

In reviewing a judgment granting a motion to dismiss after trial, it is axiomatic that the facts are to be viewed in the light most favorable...

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