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BUCKEYE PIPELINE COMPANY, INC., Appellant, v. CONGEL-HAZARD, INC., Defendant and Third-Party Plaintiff. SAMUEL W. WILLIAMS, JR., et al., Doing Business as O'BRIEN GERE, Third-Party Defendants-Respondents. (Appeal No. 2.)

Judgment unanimously reversed, on the law and facts, and a new trial granted, with costs to abide the event. Same memorandum as in Buckeye Pipeline Co. v. Congel-Hazard ( 41 A.D.2d 590) decided herewith.

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BUCKEYE PIPELINE CO., INC. v. CONGEL-HAZARD
(Jan 18, 1973)