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McLEAN v. L. P. W. REALTY COMPANY

No. 67 Civ. 4959.

404 F.Supp. 711 (1974)

James V. McLEAN et al., Plaintiffs, v. L. P. W. REALTY COMPANY et al., Defendants. GULF OIL CORPORATION, Defendant and Third-Party Plaintiff, v. BEAMAN CORPORATION and United Porcelain Co., Inc., Third-Party Defendants.

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

May 7, 1974.

Attorney(s) appearing for the Case

Emile Z. Berman and A. Harold Frost, New York City, by Marvin V. Ausubel, Howard M. Goldstein, New York City, of counsel, for plaintiffs.

Furey & Mooney, Hempstead, N. Y. by James M. Furey, Hempstead, N. Y., of counsel, for Gulf Oil.

Schaffner & D'Onofrio, New York City, by William A. Dubrowski, New York City, of counsel, for Beaman.

Alexander, Ash, Schwartz & Cohen, New York City, by Irwin H. Haut, New York City, of counsel, for United Porcelain.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

The plaintiffs in this action were working on the installation of an "overhang" on a Gulf service station when the overhang tore loose from its moorings and hurled plaintiffs to the ground to their considerable damage. So far as relevant to this motion, the parties— other than plaintiffs—are: Gulf Oil Company, the owner1 of the service station; Beaman Corporation...

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