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FORKIN v. FURNESS WITHY & CO.

No. 24, Docket 28159.

323 F.2d 638 (1963)

Vincent FORKIN, Plaintiff-Appellant, v. FURNESS WITHY & CO., Ltd., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 17, 1963.

Attorney(s) appearing for the Case

Jacob Rassner, New York City (Zale & De Vito, New York City), for plaintiff-appellant.

Joseph M. Cunningham, New York City (Kirlin, Campbell & Keating, New York City) (Vernon S. Jones, New York City, of counsel), for defendant-appellee.

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

FRIENDLY, Circuit Judge.

In this action for personal injuries, brought by Forkin, a longshoreman, against Furness Withy & Co., Ltd., owner and operator of the "Queen of Bermuda," in the Supreme Court for New York County and removed to the District Court for the Southern District of New York, 28 U.S.C. §§ 1332(a) (2) and 1441, Judge Dawson directed a verdict for the defendant at the close of the plaintiff's case on the issue of liability. We hold the...

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