BEARY v. CITY OF RYE

No. 774, Docket 79-7022.

601 F.2d 62 (1979)

John BEARY, Appellant, v. CITY OF RYE, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 13, 1979.


Attorney(s) appearing for the Case

Leon J. Greenspan, Greenspan & Jaffe, White Plains, N. Y. (Joseph D. DeSalvo and Leslie J. Canfield, White Plains, N. Y., of counsel), for appellant.

Stanley W. Zawacki, Vincent, Berg, Russo, Marcigliano & Zawacki, New York City, for appellee.

Before LUMBARD, FEINBERG and OAKES, Circuit Judges.


OAKES, Circuit Judge:

This appeal is an example of a trial court's permitting its zeal for clearing its calendar to overcome the right of a party to a full and fair trial on the merits. Because we believe that the United States District Court for the Southern District of New York, Lloyd F. MacMahon, Judge, erroneously required the appellant, who was the plaintiff below, to rest at the conclusion of the testimony of three witnesses on the first day of trial, we reverse...

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