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CALDECOTT v. LONG ISLAND LIGHTING COMPANY

Nos. 31, 32, Dockets 33378, 33379.

417 F.2d 994 (1969)

Marlene CALDECOTT as Administratrix of the Goods, Chattels & Credits of Arthur J. Caldecott, Deceased, Plaintiff-Appellee-Appellant, v. LONG ISLAND LIGHTING COMPANY, Defendant-Appellant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 28, 1969.

Attorney(s) appearing for the Case

Joseph P. Napoli, New York City (Harry H. Lipsig, New York City, and Joseph B. Castleman, of counsel), for plaintiff-appellee-appellant.

E. Richard Rimmels, Jr., Garden City, N.Y. (Edward M. Barrett, Mineola, N. Y., Francis J. Healy, Montfort, Healy, McGuire & Salley, Garden City, N.Y., of counsel), for defendant-appellant-appellee.

Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is a diversity action for wrongful death and pain and suffering of the plaintiff's intestate. Plaintiff's husband died of suffocation and burns in his basement on February 25, 1964. Shortly after her husband went to the cellar, plaintiff heard a loud noise like a bomb. She called to her husband who did not answer, and another loud noise followed shortly thereafter. The cause of the explosion and fire was in dispute. The jury's...

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