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PATHWAY BELLOWS, INC. v. BLANCHETTE

No. 882, Docket 79-7860.

630 F.2d 900 (1980)

PATHWAY BELLOWS, INC., Plaintiff-Appellee, v. Robert W. BLANCHETTE, Richard C. Bond and John H. McArthur, Trustees of the Penn Central Transportation Co., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 2, 1980.

Attorney(s) appearing for the Case

Kenneth R. Feit, David H. Deitsch, Gates, Singer & Deitsch, Rockville Centre, N.Y., for plaintiff-appellee.

Hyman Hillenbrand, Bleakley, Platt, Schmidt & Fritz, New York City, for defendants-appellants.

Before WATERMAN, MANSFIELD and TIMBERS, Circuit Judges.

WATERMAN, Circuit Judge:

Defendant-appellants, Trustees of the Penn Central Transportation Co. (Penn Central), appeal from a judgment entered in the United States District Court for the Southern District of New York (Sand, District Judge), which granted the motion of plaintiff-appellee Pathway Bellows for summary judgment. For the reasons stated below, we reverse the judgment of the district court.

The parties agreed upon all the relevant facts, and the case...

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