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ROTH v. GREAT ATLANTIC & PACIFIC TEA CO.

Civ. No. 11561.

108 F.Supp. 390 (1952)

ROTH et al. v. GREAT ATLANTIC & PACIFIC TEA CO., Inc.

United States District Court, E. D. New York.

November 26, 1952.

Attorney(s) appearing for the Case

Frederic A. Johnson, and William M. Kunstler, New York City, for plaintiffs.

Weisman, Celler, Quinn, Allan & Spett, New York City, for Great Atlantic & Pacific Tea Company, Inc., Abraham Shapiro, New York City, of counsel.

Dreyer & Traub, Brooklyn, N. Y., for third party defendants. By Seymour C. Simon, and Sylvan D. Freeman, Brooklyn, N. Y.

GALSTON, District Judge.

This is an action brought by the owners of abutting houses and lots to recover damages for alleged negligent flooding of their premises, and for an injunction to restrain the defendant from maintaining the conditions which are alleged to have created the flooding.

According to the allegations of the complaint, the plaintiffs are owners of property located on 80th Street, near Caldwell Avenue, in Elmhurst, Borough of Queens, City of...

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