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DODGE v. ALLISON

No. 3370.

13 F.2d 588 (1926)

DODGE v. ALLISON et al.

Circuit Court of Appeals, Third Circuit.

June 14, 1926.

Attorney(s) appearing for the Case

Robert H. McCarter, of Newark, N. J., and Chauncey B. Garver, of New York City, for plaintiff in error.

Riker & Riker, of Newark, N. J. (Jesse W. Johnson, of Brooklyn, N. Y., of counsel), for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

This case has been tried three times. At the first trial the district court entered a judgment of nonsuit which, on review, this court reversed. Allison v. Dodge (C. C. A.) 287 F. 621. At the second trial the plaintiff had a verdict which the defendant thought was wrong and the plaintiff thought was inadequate. The defendant moved to set it aside and the plaintiff consented. The third trial resulted in a verdict and judgment for the plaintiff...

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