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GRUNENTHAL v. LONG ISLAND RAIL ROAD COMPANY

No. 142, Docket 31491.

388 F.2d 480 (1968)

Carl F. GRUNENTHAL, Plaintiff-Respondent, v. The LONG ISLAND RAIL ROAD COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. T. F. CONTRACTING CO., Inc., Third-Party Defendant-Respondent.

United States Court of Appeals Second Circuit.

Decided January 11, 1968.

Attorney(s) appearing for the Case

Milford J. Meyer, Philadelphia, Pa. (Meyer, Lasch, Hankin & Poul, Philadelphia, Pa., and Irving Younger, New York City, on the brief), for plaintiff-respondent.

James T. Gallagher, Jamaica, N. Y. (George M. Onken, Jamaica, N. Y., on the brief), for defendant and third party plaintiff-appellant.

Thomas F. Cohalan, New York City (MacIntyre, Burke, Smith & Curry, New York City, on the brief), for third-party defendant-respondent.

Before LUMBARD, Chief Judge, and MEDINA and HAYS, Circuit Judges.

MEDINA, Circuit Judge:

In this FELA action a railroad employee, Carl F. Grunenthal, the acting foreman of a group of men engaged in the removal of a partially buried timber tie on railroad premises in the Queens Village Freight Yard of the Long Island Rail Road, has recovered a verdict of $305,000, the unamended complaint having sought damages in the sum of $250,000. The Railroad asserted a third-party claim against T. F...

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