McMANUS, Chief Judge.
This matter is before the court on defendant's resisted motion filed July 8, 1974, to dismiss counts 1 and 2 of the complaint.
In this diversity action, plaintiff seeks to recover damages for personal injuries allegedly sustained while he was attempting to push an automobile out of a ditch in which it had become stuck. The automobile was being operated by defendant Flores and was owned by defendant Venenga.
Ruling on the instant...
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