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ALBANESE v. SOUTHERN RAILWAY COMPANY

131 F.Supp. 307 (1955)

Albert ALBANESE, Plaintiff, v. SOUTHERN RAILWAY COMPANY, a corporation, and National Distillers Products Corporation, a corporation, Defendants.

United States District Court S. D. New York.

May 20, 1955.

Attorney(s) appearing for the Case

Nathan Baker, New York City, Bernard Chazen, Hoboken, N. J., of counsel, for plaintiff.

Davis Polk Wardwell Sunderland & Kiendl, New York City, J. Roger Carroll, New York City, of counsel, for defendant So. Ry. Co.

William S. O'Connor, New York City, William H. Williamson, New York City, of counsel, for defendant National Distillers Products Corp.

WEINFELD, District Judge.

In this negligence action the defendant Southern Railway Company moves, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for summary judgment as against both the plaintiff and the defendant National Distillers Corporation which filed a cross complaint against the railway company.

Plaintiff, an employee of an independent contractor, was injured while unloading a shipment from a freight car when some of the...

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