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ROGGE v. MICHAEL DEL BALSO, INC.

15 F.Supp. 499 (1936)

ROGGE v. MICHAEL DEL BALSO, Inc., et al.

District Court, S. D. New York.

March 9, 1936.

Attorney(s) appearing for the Case

Lawrence R. Condon, of New York City (Lawrence R. Condon and Osborne A. McKegney, both of New York City, of counsel), for plaintiff.

John P. Smith, of New York City, for defendant Michael Del Balso, Inc.

Bandler, Haas & Collins, of New York City, for defendant Michael Del Balso.

Caverly, Dimond, Barton & O'Gorman, of New York City, for defendant Fidelity & Casualty Co. of New York.

George L. Naught, of New York City, for defendant American Surety Co. of New York.

Albert J. Hiers, of New York City, for defendant New Amsterdam Casualty Co.

PATTERSON, District Judge.

The case was removed from the New York Supreme Court. The plaintiff moves for remand.

The complaint is in three counts. In the first it is set forth that the defendant Michael Del Balso, Inc., had a contract with the District of Columbia to build a sewer; that the plaintiff's intestate, while working for a subcontractor on the job, was killed through the negligence of Michael Del Balso, Inc., and Del Balso individually; and that...

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