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ROSENTHAL v. WARREN

No. 128, Docket 72-1658.

475 F.2d 438 (1973)

Elaine ROSENTHAL, as executrix of the estate of Martin C. Rosenthal, Deceased, Plaintiff-Appellee, v. Kenneth W. WARREN, and New England Baptist Hospital, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 13, 1973.

Attorney(s) appearing for the Case

Solomon M. Cheser, New York City, for defendant-appellant Warren.

Douglas A. Boeckmann, New York City, for defendant-appellant New England Baptist Hospital.

Melvin I. Friedman, New York City (Kreindler & Kreindler, Gerald A. Robbie and Alan J. Konigsberg, New York City, of counsel), for plaintiff-appellee.

Before LUMBARD, FEINBERG and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal in a diversity case raises the question whether New York would apply a Massachusetts damage limitation to the death of a New York domiciliary occurring in Massachusetts. The appeal, taken before final judgment pursuant to 28 U.S.C. § 1292(b), is from an order of the district court granting partial summary judgment in favor of the plaintiff in an action for wrongful death, 342 F.Supp. 246...

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