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FIRST SAFE DEPOSIT NATIONAL BANK v. WESTERN UNION TEL. CO.

No. 6350.

337 F.2d 743 (1964)

FIRST SAFE DEPOSIT NATIONAL BANK, Trustee, et al., Plaintiffs, Appellants, v. WESTERN UNION TELEGRAPH COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided November 2, 1964.

Attorney(s) appearing for the Case

John R. McGrath, Boston, Mass., and Charles Desmaris, New Bedford, Mass., with whom Thomas H. Mahony, Edward Mahony, Boston, Mass., Joseph Lipsitt, New Bedford, Mass., Donald P. Wieners and Burke, Monaghan & McGrath, Boston, Mass., were on brief, for appellants.

Joseph P. Rooney, Boston, Mass., with whom Ansel B. Chaplin and Gaston, Snow, Motley & Holt, Boston, Mass., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

These are three diversity actions for negligence. The plaintiffs, whom we shall call the Bank, Lloyd's and Sills, were respectively the owner and two of several tenants of a commercial building in New Bedford. The defendant, Western Union Telegraph Company, was another tenant. Lloyd's occupied the ground floor at one end, and the defendant, since 1931, the ground floor at the other end. There were other ground floor tenants in between. Sills...

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