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SCADUTO v. ORLANDO

No. 453, Docket 30796.

381 F.2d 587 (1967)

Joseph SCADUTO, Plaintiff-Appellee, v. Anthony J. ORLANDO, d/b/a A. J. Orlando Contracting Co., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 28, 1967.

Attorney(s) appearing for the Case

Leo H. Raines, New York City (Lawrence C. Gutman, Raines & Gutman, New York City, on the brief), for plaintiff-appellee.

Simon H. Rifkind, New York City (Allan Blumstein, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, George H. Foley, S. Donald Gonson, Hale & Dorr, Boston, Mass., on the brief), for defendant-appellant.

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

The circumstances out of which this controversy arose are set out in the opinion of this court in the first appeal and will not be repeated here. 340 F.2d 293 (2 Cir.), cert. denied 380 U.S. 978, 85 S.Ct. 1341, 14 L.Ed.2d 272 (1965). Two of the issues raised on the first appeal were disposed of in our prior decision and are not before us on this second appeal. We held that Scaduto1

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