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BARNEY v. STATEN ISLAND RAPID TRANSIT RAILWAY COMPANY

Nos. 14043 and 14044.

316 F.2d 38 (1963)

Clifford BARNEY (Plaintiff), Appellant in No. 14,043, v. The STATEN ISLAND RAPID TRANSIT RAILWAY COMPANY, a Corporation (Defendant). Clifford BARNEY (Plaintiff) v. JOHN H. GRACE COMPANY, Appellant in No. 14,044, and Hunt Manufacturing Company (Defendants). HUNT MANUFACTURING COMPANY (Third-Party Plaintiff) v. The STATEN ISLAND RAPID TRANSIT RAILWAY COMPANY, a Corporation (Third-Party Defendant).

United States Court of Appeals Third Circuit.

Decided April 8, 1963.

Attorney(s) appearing for the Case

David Linett, New Brunswick, N. J. (Rothbard, Harris & Oxfeld, Perth Amboy, N. J., on the brief), for appellant Barney in No. 14043.

Phidias L. Pollis, Elizabeth, N. J., for appellant John H. Grace Co., in No. 14044.

John A. Willette, East Orange, N. J. (Stevenson & Willette, East Orange, N. J., on the brief), for defendant-appellant and cross-appellee, Hunt Mfg. Co.

H. Curtis Meanor, Jersey City, N. J. (Lamb, Langan & Blake, Arthur J. Blake, Jersey City, N. J., on the brief), for defendant-appellee, Staten Island Rapid Transit Ry. Co.

Before BIGGS, Chief Judge, and STALEY, Circuit Judge, and LEAHY, District Judge.

STALEY, Circuit Judge.

These are appeals from a judgment of the district court entered upon a jury verdict in favor of the defendants in a personal injury action brought by the plaintiff Clifford Barney. Barney appeals from that judgment and defendant, John H. Grace Company, cross appeals from the denial of its motion to dismiss the complaint as to it on the grounds of lack of jurisdiction.

Plaintiff, an employee of Boyle-Midway, Inc., of Cranford, New Jersey...

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