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CALVERT v. KATY TAXI, INC.

No. 380, Docket 32889.

413 F.2d 841 (1969)

Geoffrey N. CALVERT, Plaintiff-Appellant, v. KATY TAXI, INC., a corporation, George Austin, Kenneth Hamblin and Geraldine Dufek, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 26, 1969.

Attorney(s) appearing for the Case

William L. Schierberl, Thomas J. Whalen, Condon & Forsyth, New York City, for plaintiff-appellant.

James B. Reich, Brooklyn, N. Y., Nathan Cyperstein, Flushing, Leo Gilberg, New York City, for defendant Katy Taxi, Inc.

Paul A. Crouch, Robert Hill Nix, Baier, Chamberlin & Hartig, New York City, for defendant Dufek.

Before Mr. Justice CLARK, WATERMAN and FRIENDLY, Circuit Judges.

WATERMAN, Circuit Judge:

On September 23, 1964, at approximately 8:00 A.M. a taxicab owned by defendant Katy Taxi, Inc., after colliding with a small Triumph sports car at a busy New York City intersection, mounted the curb and struck and injured plaintiff while he was walking on the sidewalk on his way to work.1 This action to recover damages for injuries sustained as a result of the accident was commenced in the United States District...

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