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GASPERINO v. LARSEN FORD, INC.

No. 302, Docket 33891.

426 F.2d 1151 (1970)

Nancy GASPERINO, as Administratrix of the Estate of Gregory Gasperino, Plaintiff-Appellee, v. LARSEN FORD, INC., Defendant and Third-Party Plaintiff-Appellant, v. FORD MOTOR COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 25, 1970.

Attorney(s) appearing for the Case

Edmund F. Lamb, New York City (Purdy, Lamb & Catoggio, Juvenal L. Marchisio, New York City, of counsel to Schaffner & D'Onofrio of New York City), for defendant and third-party plaintiff-appellant, Larsen Ford, Inc.

Joel Martin Aurnou, White Plains, N. Y. (Greenspan, Aurnou & Davis, White Plains, N. Y.), for appellee Gasperino.

William F. McNulty, New York City (of counsel to Daniel J. Coughlin, New York City), for third-party defendant-appellee, Ford Motor Co.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and DANAHER, Senior Circuit Judge.

DANAHER, Senior Circuit Judge:

It will suffice for present purposes to summarize the background. In April, 1964 Ford Motor Company (hereinafter Ford), caused to be delivered to a storage basement owned by its dealer Larsen Ford, Inc. (hereinafter Larsen), approximately one hundred new Mustang model cars. Ford desired that the new models be secluded from public view while a promotional campaign was being perfected. It had been arranged that Larsen was to receive a...

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