SMITH, Circuit Judge.
The plaintiff brought this action for personal injuries sustained at a construction site on which he was employed. The defendant B. Perini & Sons, Inc., was not served in the action, and at the pretrial conference the plaintiff consented to the dismissal of the complaint as against it. The other defendants filed an answer in which they admitted that the plaintiff was a laborer in the employ of B. Perini & Sons. However, in the fourth...
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