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SALSBERG v. MODERN TRANSFER COMPANY

Nos. 61, 62, Dockets 27638, 27639.

324 F.2d 737 (1963)

Oscar SALSBERG, Plaintiff-Appellant, v. MODERN TRANSFER COMPANY, Inc., and Samuel L. Lebovitz, Defendants-Appellees. Saul RODRIGUEZ, Plaintiff-Appellant, v. MODERN TRANSFER COMPANY, Inc., and Samuel L. Lebovitz, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 26, 1963.

Attorney(s) appearing for the Case

Louis Rothbard, Brooklyn, N. Y., for plaintiffs-appellants.

Edward Ash, New York City (Alexander, Ash & Schwartz, New York City, on the brief) (Sidney A. Schwartz and William N. Mairs, Jr., New York City, of counsel), for defendants-appellees.

Before WATERMAN, HAYS and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

These are appeals from judgments for defendants in typical diversity cases involving an automobile collision in the State of Pennsylvania. The judgments resulted from a jury trial of two consolidated cases in the United States District Court for the Southern District of New York, Cooper, J. The facts material to these appeals are not complex. Plaintiff Saul Rodriguez was the driver of one car in which plaintiff Oscar Salsberg, president of...

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