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HERRING v. PRINCE MACARONI OF NEW JERSEY, INC.

No. 85-5727.

799 F.2d 120 (1986)

Lynwood J.R. HERRING, Appellant, v. PRINCE MACARONI OF NEW JERSEY, INC., Appellee.

United States Court of Appeals, Third Circuit.

Decided August 29, 1986.

Attorney(s) appearing for the Case

Roy D. Cummins (Argued), and Nancy D. Gold, Collingswood, N.J., for appellant.

Robert J. Borrelle, Voorhees, N.J., and William F. Joy, Jr. (Argued), Morgan, Brown & Joy, Boston, Mass., for appellee.

Before ADAMS, WEIS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from a final judgment of the district court for Prince Macaroni of New Jersey, Inc. ("Prince"), dismissing the complaint of appellant Lynwood J.R. Herring. For the reasons that follow, we will reverse the judgment of the district court and remand for further proceedings.

I.

On March 8, 1983, appellant was injured in the course of his employment with Prince...

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