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SEARS, ROEBUCK & CO. v. HARTLEY

No. 11399.

160 F.2d 1019 (1947)

SEARS, ROEBUCK & CO. v. HARTLEY.

Circuit Court of Appeals, Ninth Circuit.

April 3, 1947.

Attorney(s) appearing for the Case

John L. Wheeler and John G. Sobieski, both of Los Angeles, Cal., for appellant.

Chase, Rotchford, Downen & Chase and Robert E. Moore, Jr., all of Los Angeles, Cal., for appellee.

Before DENMAN, STEPHENS, and BONE, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a judgment in a jury tried case in which appellee, plaintiff below, recovered $3,000 from appellant, defendant below, for personal injury arising from the improper insertion of a hearing device in appellee's ear by an employee of appellant. There was also special damage for expense in appellee's treatment, which is not here contested.

That the appellee suffered serious...

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