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CITY OF NEW YORK v. PULLMAN INC.

Nos. 1462, 1463, Dockets 81-7162, 81-7164.

662 F.2d 910 (1981)

The CITY OF NEW YORK and The New York City Transit Authority, Plaintiffs-Appellees, v. PULLMAN INCORPORATED, Pullman-Standard, a Division of Pullman Incorporated, and Rockwell International Corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 29, 1981.

Rehearing Denied September 23, 1981.

Certiorari Denied January 11, 1982.

Attorney(s) appearing for the Case

Donald I. Strauber, New York City, (Charles H. Harff, Richard J. Ney, Jerome C. Katz and Chadbourne, Parke, Whiteside & Wolff, New York City, on the brief), for defendant-appellant Rockwell Intern. Corp.

Philip C. Potter, Jr., New York City (Thomas J. Aquilino, Jr., Paul R. Koepff, Michael Mills, Katherine B. Jenks and Davis, Polk & Wardwell, New York City, on the brief), for defendants-appellants Pullman Inc. and its Division, Pullman Standard.

Arthur L. Liman, New York City (George P. Felleman, Leslie G. Fagen, Richard A. Rosen, Harry Frischer and Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for plaintiff-appellee The New York City Transit Authority.

Bruce S. Kaplan, New York City (Allen G. Schwartz, Corp. Counsel of the City of New York, New York City, on the brief), for plaintiff-appellee The City of New York.

Before WATERMAN and TIMBERS, Circuit Judges, and LASKER, District Judge.

Certiorari Denied January 11, 1982. See 102 S.Ct. 1038.

TIMBERS, Circuit Judge:

This is the case of a wise and comprehending trial judge whose three decades of experience on the federal bench had a direct bearing upon what we hold to have been correct rulings in this important case tried to a jury in November and December 1980.

The City of New York and The New York City Transit Authority (appellees) commenced this action1

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