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ELLIOTT v. MAGGIOLO CORPORATION

Nos. 917, 1352, Docket 75-7016, 75-7041.

525 F.2d 439 (1975)

Robert ELLIOTT and Shirley Elliott, Plaintiffs-Appellants, v. MAGGIOLO CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 12, 1975.

Attorney(s) appearing for the Case

Gerald Orseck, Edelman, Berger, Peters & Koshel, Liberty, N. Y., for defendants-appellants.

Lester E. Fetell, Sergi & Fetell, John J. Langan, Brooklyn, N. Y., for plaintiffs-appellees.

Before CLARK, Associate Justice, MANSFIELD and MULLIGAN, Circuit Judges.

CLARK, Associate Justice:

The appeal in this suit for personal injury based upon negligence involves a jury verdict and judgment for $350,000 in favor of Robert Elliott, plaintiff-appellee, and $28,000 for his wife, Shirley, on her derivative claim. Jurisdiction in the United States District Court for the Eastern District of New York was based upon diversity of citizenship, 28 U.S.C. § 1332. Appellants, Maggiolo Corporation, Maggiolo Contracting Co., Inc., Maggiolo...

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