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CERVIN v. W. T. GRANT CO.

No. 8623.

100 F.2d 153 (1938)

CERVIN v. W. T. GRANT CO.

Circuit Court of Appeals, Fifth Circuit.

December 1, 1938.

Attorney(s) appearing for the Case

D. B. Eades of Dallas, Tex., for appellant.

Harry P. Lawther and R. M. Perry, both of Dallas, Tex., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

Jack Haynes sued W. T. Grant Company for a negligently inflicted personal injury. He died before trial and his administrator lost by a jury verdict. The sole error claimed is the refusal of the court to admit in evidence the deposition of Jack Haynes touching the manner and extent of his injury, which deposition had been taken at the instance of the defendant-appellee. The rejection was on the ground that the deposition had not been taken according...

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