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PERSSON v. M. W. KELLOGG COMPANY

No. 19, Docket 28047.

323 F.2d 431 (1963)

John A. PERSSON, Jr., Plaintiff-Appellee, v. The M. W. KELLOGG COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 17, 1963.

Attorney(s) appearing for the Case

Nathan Greenberg, New York City (Itkin, Roberts & Greenbaum, New York City, on the brief), for plaintiff-appellee.

Patrick E. Gibbons, New York City (Urban S. Mulvehill, Terhune, Gibbons & Mulvehill, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

PER CURIAM.

John A. Persson, Jr., the appellee, was employed as a rigger by Continental Copper & Steel Industries at its graving dock in South Portland, Maine. Persson was injured when a pipe running along a craneway, to which he had rigged a hanging scaffold on which he was standing, pulled away from its brackets and precipitated him to the dock below.

Continental had contracted with the M. W. Kellogg Company, the appellant, to furnish tools and equipment...

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