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FABRIS v. GENERAL FOODS CORPORATION

No. 99.

152 F.2d 660 (1945)

FABRIS v. GENERAL FOODS CORPORATION.

Circuit Court of Appeals, Second Circuit.

December 28, 1945.

Attorney(s) appearing for the Case

Nathan Baker, of Hoboken, N. J., for appellants.

Reginald V. Spell, of New York City (Olin S. Nye, of New York City, of counsel), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

PER CURIAM.

This appeal is predicated upon the district court's refusal to set aside the verdict for misconduct of the jurors in arriving at a verdict. The verdict was returned in open court in the presence of all the jurors. No request to poll them was made. Several days later the plaintiffs moved to set aside the verdict and grant a new trial, and in support of the motion submitted an affidavit by eight of the jurors that the verdict was the result of an agreement...

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