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FERNANDES v. AGAR SUPPLY CO., INC.

No. 11-1772.

687 F.3d 39 (2012)

Louis FERNANDES, Plaintiff, Appellant, v. AGAR SUPPLY COMPANY, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 30, 2012.

Attorney(s) appearing for the Case

J. Michael Conley , with whom Kenney & Conley, P.C. was on brief, for appellant.

Joseph T. Black , with whom Law Offices of Brown & Black was on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

In this personal injury action, Louis Fernandes sued AGAR Supply Company, Inc., for negligence in federal district court under diversity jurisdiction. Fernandes, a resident of Rhode Island, injured his back when he stepped into a hole in the floor of a tire "shed" which was on property leased by AGAR, a Massachusetts corporation, to Fernandes's employer, Penske Truck Leasing. Whatever remedies Fernandes may have against Penske, he sued AGAR on...

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