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GARDNER-DENVER CO. v. DIC-UNDERHILL CONST. CO.

No. 75 Civ. 5417.

416 F.Supp. 934 (1976)

GARDNER-DENVER COMPANY, Plaintiff, v. DIC-UNDERHILL CONSTRUCTION COMPANY et al., Defendants and Third-Party Plaintiffs, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Third-Party Defendant.

United States District Court, S. D. New York.

June 22, 1976.

Attorney(s) appearing for the Case

Blackman, Lefrak, Feld & Fischer, New York City, for plaintiff.

Patrick J. Falvey, Gen. Counsel, by Alan J. Littau, Asst. Chief, Litigation Div., New York City, for defendants and third-party plaintiffs.

Greenhill & Speyer by Simon Greenhill, Dennis M. Perlberg, New York City, for third-party defendant.

MEMORANDUM OPINION AND ORDER

MOTLEY, District Judge.

Plaintiff in this diversity action seeks to recover from defendants the value of an air compressor which it allegedly rented to defendants Dic-Underhill on or about August 3, 1973 for their use on the construction site of the World Trade Center in New York, owned by defendant Port Authority. This compressor was not returned to plaintiff, according to defendants, because it was stolen from the construction...

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