SIMONS, Chief Judge.
This appeal grows out of an automobile collision and is brought to set aside a judgment, notwithstanding the verdict, based on the ground that the plaintiff had failed to prove negligence. The plaintiff was Lucious McGary who died subsequent to trial and the filing of his appeal, though it is not contended that death resulted from the accident. The case was revived by the above appellant and jurisdiction is based upon diversity of citizenship...
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