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FRIEDMAN v. N. B. C. MOTORCYCLE IMPORTS, INC.

Nos. 18-20, Dockets 71-1242, 71-1292 and 71-1293.

452 F.2d 1215 (1971)

Benjamin FRIEDMAN, Plaintiff-Appellee, v. N. B. C. MOTORCYCLE IMPORTS, INC., Defendant-Appellant. Clarence P. NEILSON, Ziff Davis Publishing Co., Inc., Defendants-Appellants-Appellees, v. BERLINER MOTOR CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 16, 1971.

Attorney(s) appearing for the Case

Asher Marcus, Leahey & Johnson, New York City, for defendant-appellant N. B. C. Motorcycle Imports, Inc.

E. Richard Rimmels, Jr., Garden City, N. Y. (Montfort, Healy, McGuire & Salley, Richard W. Hartig, Jr., Garden City, N. Y., of counsel), for defendants-appellants-appellees Clarence P. Neilson and Ziff Davis Publishing Co., Inc.

Arthur N. Seiff, Katz & Gantman, New York City, for defendant-appellant Berliner Motor Corp.

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

Before MOORE, SMITH and HAYS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Plaintiff Friedman is a young, free lance photographer, who was employed by the defendant Ziff Davis Publishing Co. (hereinafter referred to as "Davis"), publisher of Cycle Magazine, to photograph in motion a new motorcycle to be operated by defendant Neilson, an experienced motorcyclist and associate editor of Davis. Davis borrowed the motorcycle from defendant Berliner Motor Corporation ("Berliner"), a New Jersey firm, which in turn...

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