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SYLVESTRI v. WARNER & SWASEY CO.

244 F.Supp. 524 (1965)

Salvatore J. SYLVESTRI, Plaintiff, v. The WARNER & SWASEY CO., Inc., Defendant. Salvatore J. SYLVESTRI, Plaintiff, v. COMAD, INC., Defendant.

United States District Court S. D. New York.

As Modified October 14, 1965.

Attorney(s) appearing for the Case

Zelenko & Elkind, New York City, for plaintiff; Arnold B. Elkind, New York City, of counsel.

Purdy, Lamb & Catoggio, New York City, attorneys of counsel to Schaffner & Furey, New York City, for defendant Warner & Swasey Co., Inc.; William E. Fay, III, New York City, of counsel.

Allen M. Taylor, New York City, for defendant Comad, Inc.; Martin M. Baxter, New York City, of counsel.

WYATT, District Judge.

This is a motion by Comad, Inc., defendant in the action numbered 64 Civ. 484, for judgment in its favor on the pleadings. Fed.R.Civ.P. 12(c). The motion is denied.

Plaintiff avers that he was injured in the State of New York on August 18, 1961 while using certain road building equipment manufactured by The Warner & Swasey Co., Inc. ("Warner"). He filed his complaint in this Court against Warner alone in action 62 Civ. 2884 on August...

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