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DORALEE ESTATES v. CITIES SERVICE OIL CO.

No. 149, Docket 77-7121.

569 F.2d 716 (1977)

DORALEE ESTATES, INC., Plaintiff-Appellee, v. CITIES SERVICE OIL COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. MGO CORP. and Monticello Gas & Oil Co., Inc., Third-Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 21, 1977.

Attorney(s) appearing for the Case

George H. Colin, New York City (Baer, Marks & Upham and Jeffrey L. Liddle, New York City, of counsel), for defendant and third-party plaintiff-appellant.

Gerald Orseck, Liberty (Orseck Law Offices and Robert Orseck, Liberty, of counsel), for plaintiff-appellee.

Joseph D. Ahearn, New York City (Grubbs, Leahy & Donovan, New York City, of counsel), for third-party defendants-appellees.

Before FRIENDLY, GURFEIN and MESKILL, Circuit Judges.

GURFEIN, Circuit Judge:

This appeal arises out of a diversity action brought by plaintiff, Doralee Estates, Inc., to recover for damages to its bungalow colony in Monticello, New York, allegedly caused by an oil spill. Defendant Cities Service Oil Co. (hereinafter "Cities") appeals from a judgment of the United States District Court for the Southern District of New York (Owen, D. J.), entered on a jury verdict, and also from an order dismissing Cities' third...

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