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STEIN v. TREGER

No. 10019.

182 F.2d 696 (1950)

STEIN et al. v. TREGER.

United States Court of Appeals District of Columbia Circuit.

Decided May 3, 1950.

Rehearing Denied June 15, 1950.

Attorney(s) appearing for the Case

Mr. William R. Lichtenberg, Washington, D. C., with whom Mr. Samuel Barker, Washington, D. C., was on the brief, for appellants. Mr. Joseph Luria, Washington, D. C., also entered an appearance for appellants.

Mr. John L. Laskey, Washington, D. C., for appellee.

Before McALLISTER, sitting by designation, CLARK, and WILBUR K. MILLER, Circuit Judges.

McALLISTER, Circuit Judge.

Appellee, Ely J. Treger, brought an action against appellant partners for damages sustained from claimed misrepresentations in the sale of whiskey. He received a verdict from a jury, and appeal is from the judgment entered thereon. Appellants claim that the verdict was against the weight of the evidence, and that the trial court erred in failing to instruct the jury that appellee should have made his

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