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BECKER v. POLING TRANSP. CORP.

Docket Nos. 02-7707(L), 02-7713(CON), 02-7773(CON).

356 F.3d 381 (2004)

Philip BECKER, Patricia Becker, John F. Jurgens, Gail Jurgens, Bridget Jurgens and Kate Jurgens, Plaintiffs-Appellees, v. POLING TRANSPORTATION CORPORATION, Chester A. Poling, Inc., Motor Vessel Poling Bros. No. 9 Inc., Anthony J, Clara P, Jeanne C, their tackle, engines and appurtenances, etc. In Rem, Ultimate Transport Inc., Janet Mahland and Mabel L. Poling Corp., Defendants, Metro Fuel Oil Corporation and Metro Terminals Corp., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: February 2, 2004.

Modified: February 27, 2004.

Attorney(s) appearing for the Case

Andrew Zajac, Fiedelman & McGaw, Jericho, New York, and Jacobowitz, Garfinkel & Lesman, New York, New York, for Defendants-Appellants.

Paul T. Hofmann, Cappiello Hoffman & Katz, P.C., New York, New York, for the Becker Plaintiffs-Appellees.

Lee F. Bantle, Bantle & Levy, LLP, New York, New York, for the Jurgens Plaintiffs-Appellees.

Before: WINTER, KATZMANN, Circuit Judges, and GOLDBERG, Judge.

WINTER, Circuit Judge.

Metro Fuel Oil Corp. and Metro Terminals Corp. (collectively, "Metro") appeal from a judgment entered after a jury trial before Magistrate Judge Levy holding Metro liable to Philip Becker ("Becker") and John Jurgens ("Jurgens") for injuries sustained when a petroleum transfer operation resulted in a fire. The magistrate judge held Metro vicariously liable for the negligence of its independent contractor, Ultimate Fuel Transportation, Inc. (...

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