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BASCIANO v. REINECKE

No. 180, Docket 27742.

313 F.2d 542 (1963)

Gennaro BASCIANO, Plaintiff-Appellee, v. J. A. REINECKE, Bremen, Germany and Partenreederei M/S Falkental, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided February 11, 1963.

Attorney(s) appearing for the Case

Francis X. Byrn, of Haight, Gardner, Poor & Havens, New York City (Joseph V. Fleming, New York City, of counsel), for appellant.

Bernard Meyerson, Brooklyn, N. Y. (Santo R. Sgarlato, Jr., Brooklyn, N. Y., on the brief), for appellee.

Before WATERMAN, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge.

This action for personal injuries was first tried before Judge Abruzzo. This trial ended with the jury unable to agree upon a verdict. Upon retrial verdict and judgment were entered for the plaintiff.

This appeal raises no question as to the second trial but seeks to test the correctness of Judge Abruzzo's ruling at the end of the first trial denying defendant's motion for judgment under Rule 50(b) of the Federal Rules of Civil Procedure...

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