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KLINGER v. ROSE

No. 64 Civ. 3653.

302 F.Supp. 818 (1969)

Charlotte KLINGER and Eric Klinger v. Edward C. ROSE, the Baltimore & Ohio Railroad Company, et al.

United States District Court S. D. New York.

July 17, 1969.

Attorney(s) appearing for the Case

Sidney B. Silverman, and Pomerantz, Levy, Haudeck & Block, New York City, for plaintiffs.

Alexander & Green, New York City, for defendant Baltimore & Ohio Railroad Co.

OPINION

TYLER, District Judge.

On October 1, 1968, this court denied a joint motion for summary judgment filed by defendants The Baltimore & Ohio Railroad Company ("B&O") and Reading Company ("Reading"). 291 F.Supp. 456 (S.D.N.Y.1968). Thereafter, on February 17, 18, 19 and 21, 1969, this action was tried before the court without a jury. On consideration of the evidence adduced at trial and the post-trial memoranda...

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