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SUSMANN v. TULLAR

Civ. A. Nos. 7622, 7845.

165 F.Supp. 129 (1958)

Herbert SUSMANN, Plaintiff, v. Paul J. TULLAR, Defendant, Action No. 1. Eleanor B. KIPP, as Administratrix of the Goods, Chattels and Credits of Warren J. Kipp, Deceased, Plaintiff, v. INTERNATIONAL HARVESTER COMPANY and Paul J. Tullar, Defendants, Action No. 2.

United States District Court W. D. New York.

September 22, 1958.

Attorney(s) appearing for the Case

Hetzelt & Watson, Buffalo, N. Y. (Joseph L. Watson, Buffalo, N. Y., of counsel), for plaintiff Herbert Susmann.

M. Maurice Chacchia, Geneva, N. Y., for plaintiff Eleanor B. Kipp.

Gleason, Fitzpatrick, O'Connor & O'Brien, Buffalo, N. Y., for defendant Paul J. Tullar.

O'Brien, Donavan & Plante, Rochester, N. Y., for defendant International Harvester Co.

MORGAN, District Judge.

The above causes of action arise out of an automobile accident which occurred on May 1, 1957, on Ohio State Highway 46 in Ashtabula County, Ohio. Defendant, Paul J. Tullar, was the owner and operator of a 1955 Oldsmobile, bearing 1957 New York State Registration 6H622. Plaintiff Herbert Susmann in Action No. 1 and plaintiff intestate, Warren J. Kipp, in Action No. 2 were passengers in the Tullar vehicle at the time of the accident.

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