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ELK REFINING COMPANY v. MAJHER

No. 7069.

227 F.2d 816 (1955)

ELK REFINING COMPANY, a corporation, Appellant, v. Edward Allen MAJHER, an infant under the age of twenty-one years, who sues by Andy Majher, his next friend, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 8, 1955.

Attorney(s) appearing for the Case

William C. Beatty, Huntington, W. Va. (E. A. Marshall, and Fitzpatrick, Marshall, Huddleston & Bolen, Huntington, W. Va., on the brief), for appellant.

C. F. Bagley, Jr., Huntington, W. Va. (Campbell, McNeer & Woods, and L. E. Woods, Jr., Huntington, W. Va., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and BRYAN, District Judge.

DOBIE, Circuit Judge.

Edward Majher, an infant, (hereinafter referred to as Majher), through his next friend Andy Majher, brought a civil action, seeking damages for personal injuries, in the United States District Court for the Southern District of West Virginia, against the Elk Refining Company, (a corporation hereinafter referred to as Elk). A jury returned a verdict of $10,000 in favor of plaintiff. Elk's motions for...

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