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CAPPELLINI v. McCABE POWERS BODY CO.

Nos. 658, 659, Dockets 82-7363, 82-7523.

713 F.2d 1 (1983)

Thomas E. CAPPELLINI and Frances Cappellini, Plaintiffs-Appellees, v. McCABE POWERS BODY COMPANY, Defendant-Appellant. McCABE POWERS BODY COMPANY, Third-Party-Plaintiff-Appellee, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 11, 1983.

Attorney(s) appearing for the Case

Robert Horkitz, New York City (Rein, Mound & Cotton, New York City, on the brief), for defendant-appellant McCabe Powers Body Co.

Michael Majewski, New York City (Ernest Williams, Joseph Ahearn, New York City, on the brief), for third-party-defendant-appellant Consolidated Edison Co. of N.Y., Inc.

Harvey Goldstein, New York City (Robert J. DeBoissiere, Staten Island, N.Y., Fuchsberg & Fuchsberg, New York City, on the brief), for plaintiff-appellee.

Before KAUFMAN, TIMBERS and NEWMAN, Circuit Judges.

NEWMAN, Circuit Judge:

Defendant McCabe Powers Body Company (McCabe) and third-party defendant Consolidated Edison Company of New York, Inc. (Con-Ed) appeal from a judgment of the District Court for the Eastern District of New York (Eugene H. Nickerson, Judge) entered upon special verdicts, Fed.R.Civ.P. 49(a), holding appellants liable, and apportioning responsibility among them, for injuries suffered by plaintiff Thomas Cappellini in the course of his employment...

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