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SAN ANTONIO v. TIMKO

No. 26, Docket 30439.

368 F.2d 983 (1966)

Mark SAN ANTONIO and Karen San Antonio, infants under the age of fourteen years, by their guardians ad litem Thomas San Antonio and Betty San Antonio, and Thomas San Antonio, Plaintiffs-Appellees, v. Myles TIMKO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 21, 1966.

Attorney(s) appearing for the Case

Joseph Kane, New York City (Evans, Orr, Gourlay & Pacelli, New York City), for appellant.

Robert J. Keegan, Jr., New York City (George Ammerman, New York City), for appellees.

Before MOORE, FRIENDLY and KAUFMAN, Circuit Judges.

FRIENDLY, Circuit Judge.

In this action in the District Court for the Southern District of New York the plaintiffs, residents of New York, sought damages from the defendant, Myles Timko, a resident of Maryland, for injuries suffered when an automobile owned and operated by him left a highway near Raleigh, North Carolina. The other passengers in the car were Timko's wife Ronnie, his brother Bernard, his step-daughter Betty San Antonio, and her two small children. Mrs...

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