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GOBERN v. METALS & CONTROLS, INC.

No. 7303.

418 F.2d 290 (1969)

David GOBERN et al., Plaintiffs, Appellees, v. METALS & CONTROLS, INC., Defendant-Third Party Plaintiff, Appellant, v. WALCO ELECTRIC CO., Third-Party Defendant, Appellee.

United States Court of Appeals First Circuit.

November 18, 1969.

Attorney(s) appearing for the Case

Thomas D. Burns, with whom Stephen N. Subrin, George M. Ford, Boston, Mass., Alex B. Burke and Burns & Levinson, Boston, Mass., were on brief, for appellant.

Milton Stanzler, Providence, R. I., with whom Richard A. Skolnik and Abedon, Michaelson, Stanzler & Biener, Providence, R. I., were on brief, for David Gobern, appellee.

Thomas B. Arnold, Boston Mass., with whom Epstein, Salloway & Kaplan and Goodspeed & Stramondo, Boston, Mass., were on brief, for Walco Electric Co., appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

Plaintiff Gobern, an employee of Walco Electric Co., was seriously injured when he fell from a staging while doing electrical work at the Metals & Controls, Inc., plant in Attleboro, Massachusetts. He brought this diversity suit against Metals alleging, inter alia, that it had negligently provided him with a dangerous and defective staging and that this was the cause of his accident. Metals impleaded Walco as a third party defendant...

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