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MUSELLAM v. FLOWERS

30 Misc.2d 34 (1961)

Yoh Yaa Musellam, Plaintiff, v. Jesse B. Flowers et al., Defendants. (Action No. 1.) James Littleton, Plaintiff, v. Jesse B. Flowers et al., Defendants. (Action No. 2.) Roy J. Hill, Plaintiff, v. Jesse B. Flowers et al., Defendants. (Action No. 3.) Jesse B. Flowers, Plaintiff, v. Harold Maracle et al., Defendants. (Action No. 4.) Cameron Styres, Plaintiff, v. Jesse B. Flowers et al., Defendants. (Action No. 5.) Herman E. Martin, Plaintiff, v. Jesse B. Flowers et al., Defendants. (Action No. 6.) Jesse B. Flowers, Plaintiff, v. Harold Maracle, Defendant. (Action No. 7.)

Supreme Court, Erie County.

February 14, 1961

Attorney(s) appearing for the Case

Maidy, Donnelly, Manchester & Stathacos (James P. Donnelly of counsel), for plaintiffs in actions Nos. 1 and 2. Miller, Bouvier & Ulsh (Gerald Bouvier of counsel), for Jesse B. Flowers, defendant in actions Nos. 1, 2, 3, 5 and 6. Gibbons, Pottle, O'Shea & Adamson (Willard W. Pottle of counsel), for Harold Maracle, defendant in actions Nos. 1, 2, 3, 4, 5, 6 and 7, and Norma Maracle, defendant in action No. 4. Herbert Shafer and Gerald L. Baskey for Roy J. Hill, Cameron Styres and Herman E. Martin, plaintiffs in actions Nos. 3, 5 and 6. Jacob Weissfeld and Jay N. Rosenthal for Jesse B. Flowers, plaintiff in action No. 4. Gaughan & Lankes (Jay N. Rosenthal of counsel), for Jesse B. Flowers, plaintiff in action No. 7.

MICHAEL CATALANO, J.

The first five actions were consolidated by court order granted October 20, 1958; the seven actions were ordered to be tried jointly by order granted on May 19, 1958.

Before opening to the jury, counsel made certain statements and motions in open court outside the presence of the jury, at which time the following facts were presented to the court.

These actions arose out of...

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