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BETZAG v. GULF OIL CORP.

301 N.Y. 576 (1950)

Jane E. Betzag, as Administratrix of The Estate of John A. Betzag, Deceased, et al., Appellants, v. Gulf Oil Corporation, Respondent.

Court of Appeals of the State of New York.

Decided June 1, 1950

Attorney(s) appearing for the Case

John W. MacDonald, Thomas J. P. Cawley, Horace E. Whiteside and Rudolf B. Schlesinger for appellant.

Matthew S. Gibson, Frederick L. Scofield and Henry Cohen for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur; FROESSEL, J., taking no part.

Per Curiam.

When the Appellate Division for the Second Department initially reversed "on the law and the facts", it wrote a memorandum, explicitly referred to in the order (Civ. Prac. Act, § 607), in which, after ruling that the complaint should be dismissed because of the insufficiency of the evidence, it declared — "although in any event a new trial would be granted...

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