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LULA v. SIVACO WIRE & NAIL CO.

No. 66 Civ. 2063.

265 F.Supp. 222 (1967)

John LULA, as Administrator of the Goods, Chattels and Credits of John F. Lula, also known as John F. Lula, Jr., deceased, and Jean Cheski, as Administratrix of the Goods, Chattels and Credits of Dorothy Ann Lula, also known as Dorothy Lula and Dorothy Cheski Lula, deceased, Adele Lula and John Lula, Individually, Plaintiffs, v. SIVACO WIRE & NAIL CO., Saw Mill Supply, Inc., Denis Routhier and James Rutledge, Defendants.

United States District Court S. D. New York.

March 7, 1967.

Attorney(s) appearing for the Case

Bower, O'Connor & Taylor, New York City, for defendants Saw Mill Supply, Inc. and James Rutledge; John J. Bower, New York City, of counsel.

Robert E. Curran, New York City, for defendants Sivaco Wire & Nail Co. and Denis Routhier.

Emile Z. Berman and A. Harold Frost, New York City, for plaintiffs; Marvin V. Ausubel, New York City, of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

Defendants move for judgment on the pleadings, Rule 12(b) (6), F.R.Civ.P., and for summary judgment, Rule 56, F.R. Civ.P., on the fifth and sixth claims alleged in the complaint.

The action arises out of an accident on the New York Thruway involving a passenger car driven by John F. Lula, Jr. in which his wife was a passenger and two trailer trucks respectively owned by the corporate defendants and...

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