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CLAIN v. CITY OF BURLINGTON

No. 90, Docket 22481.

202 F.2d 532 (1953)

CLAIN v. CITY OF BURLINGTON.

United States Court of Appeals Second Circuit.

Decided February 6, 1953.

Attorney(s) appearing for the Case

Bernard J. Leddy, Leary & Leddy, Burlington, Vt., for appellant.

A. Pearley Feen, Paul D. Sheehey, and Philip W. Hunt, Burlington, Vt., for appellee.

Before SWAN, Chief Judge, and L. HAND and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a judgment dismissing the complaint under Fed.Rules Civ.Proc. rule 50(b), 28 U.S.C.A., notwithstanding a verdict for the plaintiff. The action was brought in the U. S. District Court because the plaintiff is a citizen of the State of Washington and the defendant is a municipal corporation of Vermont. The complaint alleged that the plaintiff had been injured, while a passenger in a motor car in the streets of Burlington...

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