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BENAZET v. ATLANTIC COAST LINE R. CO.

Nos. 474, 475, Dockets 35278, 35279.

442 F.2d 694 (1971)

Theodore BENAZET, Plaintiff-Appellee, v. ATLANTIC COAST LINE RAILROAD COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. ERIE LACKAWANNA RAILROAD COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 23, 1971.

Attorney(s) appearing for the Case

Joseph P. Altier, New York City (Bromsen & Gammerman, New York City, on the brief), for plaintiff-appellee.

Devereux Milburn, New York City (Carter, Ledyard & Milburn, Frank G. Kurka, James J. Mennis and Jerome L. Getz, New York City, on the brief), for Atlantic Coast Line Railroad Company, defendant and third party plaintiff-appellant.

Lloyd W. Roberson, New York City, for Erie Lackawanna Railroad Company, third party defendant-appellee.

Before SMITH and MOORE, Circuit Judges, and TIMBERS, District Judge.

TIMBERS, District Judge:

Appellant Atlantic Coast Line Railroad Company (Atlantic) appeals from a $200,000 judgment entered against it after a four day jury trial in the United States District Court for the Southern District of New York, Irving Ben Cooper, District Judge, and from an order entered by Judge Cooper after trial dismissing Atlantic's third party complaint against the Erie Lackawanna Railroad Company (Erie). 315 F.Supp. 357

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