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MINICHIELLO v. ROSENBERG

Nos. 137, 202-203 Dockets 32534, 32838-32839.

410 F.2d 106 (1968)

Marie MINICHIELLO, as Executrix of the Estate of Thomas Minichiello, and Marie Minichiello, Appellees, v. Oliver ROSENBERG, Appellant. Elwin W. STEVENS, on behalf of his son, Dennis J. Stevens, an infant over fourteen years of age, and Elwin W. Stevens, individually, Appellees, v. Stephen H. TYNG, Sr. and Stephen H. Tyng, Jr., Appellants.

United States Court of Appeals Second Circuit.

Decided December 12, 1968.

On Rehearing April 2, 1969.

Attorney(s) appearing for the Case

James M. Marsh, Philadelphia, Pa. (James M. Marsh, Philadelphia, Pa., D. Bruce Crew, III, Elmira, N. Y., La Brum & Doak, Philadelphia, Pa., and Donovan, Graner, Davidson & Burns, Elmira, N. Y., of counsel), for appellant Oliver Rosenberg.

Henry Valent (Valent, Callanan & Ruger, Watkins Glen, N. Y.), for appellees Marie Minichiello, as Executrix etc. and Marie Minichiello.

Bender, Hesson, Ford & Grogan, Albany, N. Y., submitted brief for appellants Stephen H. Tyng, Sr. and Stephen H. Tyng, Jr.

Irving I. Waxman, Albany, N. Y., submitted brief for appellees Elwin W. Stevens, on behalf of his son etc. and Elwin W. Stevens.

Before FRIENDLY, ANDERSON and FEINBERG, Circuit Judges.

On Rehearing In Banc April 2, 1969.

FRIENDLY, Circuit Judge:

These two appeals are from orders denying motions to dismiss complaints of New York residents in automobile accident actions against nonresident defendants wherein jurisdiction was predicated on attachment of the defendants' interests in liability insurance policies issued by companies doing business in New York, CPLR §§ 5201, 6202. They require us to consider the constitutionality of the...

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