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BENAZET v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 66 Civ. 1404.

315 F.Supp. 357 (1970)

Theodore BENAZET, Plaintiff, v. ATLANTIC COAST LINE RAILROAD COMPANY, Defendant and Third-Party Plaintiff, v. ERIE LACKAWANNA RAILROAD COMPANY, Third-Party Defendant.

United States District Court, S. D. New York.

July 2, 1970.

Attorney(s) appearing for the Case

Bromsen & Gammerman, New York City, for plaintiff; Joseph P. Altier, New York City, of counsel.

Carter, Ledyard & Milburn, New York City, for defendant and third-party plaintiff; James J. Mennis, New York City, of counsel.

Lloyd W. Roberson, New York City, Terence J. Connors, New York City, of counsel, for third-party defendant.

OPINION

COOPER, District Judge.

Plaintiff Benazet brought suit against defendant Atlantic Coast Line Railroad Company (Atlantic) for damages suffered as a result of his fall from a railroad boxcar owned by Atlantic claiming Atlantic negligently released the car into commerce in a defective condition and failed to inspect, repair and warn of the defective condition. This action was removed to this Court from the Supreme Court, New York County, by Atlantic...

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