COX v. LIVINGSTON

No. 226, Docket 32683.

407 F.2d 392 (1969)

George T. COX, Margaret Cox, George F. Cox, an infant, by his Guardian Ad Litem, George T. Cox, and Margaret E. Cox, an infant, by her Guardian Ad Litem, George T. Cox, Plaintiffs, and Frank V. Schmidt, Plaintiff-Appellant, v. Henry H. LIVINGSTON, Jr., and Henry H. Livingston, III, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 3, 1969.


Attorney(s) appearing for the Case

Harry R. Schwartz, New York City, for appellant.

John F. Scully, New York City (Smith & Formidoni, New York City), for appellees.

Before MOORE, SMITH and HAYS, Circuit Judges.


HAYS, Circuit Judge:

Plaintiffs George T. Cox, Margaret Cox, Frank V. Schmidt, George F. Cox and Margaret E. Cox commenced a diversity action in the United States District Court for the Southern District of New York to recover damages for injuries sustained by them in an automobile accident.

Each of the plaintiffs except George F. Cox and appellant Frank V. Schmidt alleged damages in excess of $10,000. Schmidt moved...

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