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DONOVAN v. PENN SHIPPING CO., INC.

No. 768, Docket 74-2694.

536 F.2d 536 (1976)

Francis X. DONOVAN, Plaintiff-Appellant, v. PENN SHIPPING CO, INC. and Penn Trans Co., Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 8, 1976.

Attorney(s) appearing for the Case

Paul C. Matthews, New York City, for plaintiff-appellant.

Thomas M. McCaffrey, New York City (Darby, Healey & Stonebridge and Thomas H. Healey, New York City, on the brief), for defendants-appellees.

Before LUMBARD, HAYS and FEINBERG, Circuit Judges.

LUMBARD, Circuit Judge:

This case squarely presents for resolution a procedural question which has been the subject of extended discussion in several recent opinions of this court. In seeking review of a $65,000 judgment in his favor, entered in the Southern District on August 6, 1975 following a two day trial before Judge Gurfein and a jury, Francis X. Donovan urges that we modify the well established rule in this circuit and permit direct appeal from orders of remittitur...

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