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CATALDO v. E. I. DU PONT DE NEMOURS & CO.

Civ. A. No. 65 Civ. 769.

253 F.Supp. 235 (1966)

James CATALDO, Plaintiff, v. E. I. DU PONT DE NEMOURS & CO., and Brunswick Corporation, Defendants.

United States District Court S. D. New York.

April 7, 1966.

Attorney(s) appearing for the Case

Seymour P. Schulman, New York City, for plaintiff; Seymour P. Schulman and Donald E. Klein, New York City, of counsel.

Townley, Updike, Carter & Rodgers, New York City, for defendant Du Pont; Philip D. Pakula and W. Wright Danenbarger, New York City, of counsel.

Hartsell & Harrington, New York City, for defendant Brunswick Corporation; George W. Harrington, New York City, of counsel.

HERLANDS, District Judge:

By an order embodied in an opinion dated February 11, 1966, D.C., 39 F.R.D. 305, the court granted plaintiff's motion for an order (1) granting him leave to amend his complaint, pursuant to Fed.R. Civ.P. 15(a), and (2) granting him a trial by jury of his "cause of action" based on negligence, pursuant to Fed.R.Civ.P. 39 (b). The cross-motion of defendant E. I. Du Pont De Nemours & Co. [hereinafter "Du Pont"] for an order, pursuant to...

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