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CHERRY v. CITY OF PHILADELPHIA

Civ. A. No. 23430.

188 F.Supp. 500 (1960)

Lettie CHERRY and Arthur Cherry, Administrator of the Estate of James F. Cherry, Deceased, her husband and Lettie Cherry, as parent and natural guardian of William Cherry, a minor, and Lettie Cherry and Arthur Cherry, Administrator of the Estate of James F. Cherry, Deceased, in their own right v. CITY OF PHILADELPHIA, Pa., Defendant and Third-Party Plaintiff, v. Luish LONDON, Third-Party Defendant.

United States District Court E. D. Pennsylvania.

September 23, 1960.

Attorney(s) appearing for the Case

Elwood S. Levy, Philadelphia, Pa., for plaintiffs.

I. Jerome Stern and Richard K. Masterson, Asst. City Sols., Philadelphia, Pa., for defendant.

A. Leon Higginbotham, Jr., and William H. Brown, III, Philadelphia, Pa., for third-party defendant.

VAN DUSEN, District Judge.

This case is before the court on third-party defendant's post-trial motions to set aside the verdict and enter judgment for such defendant (Document No. 41) and for a new trial and judgment n. o. v. (Document No. 42) after a jury returned a verdict for third-party plaintiff in the trial of the third-party action only.1 For brevity, the parties will be referred to here as plaintiff and defendant, rather than third...

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