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O'BRIEN v. HOBART

No. 5293.

249 F.2d 654 (1957)

Michael P. O'BRIEN, Plaintiff, Appellant, v. Harold HOBART, Defendant, Appellee.

United States Court of Appeals First Circuit.

November 22, 1957.

Attorney(s) appearing for the Case

Michael T. Prendergast, Boston, Mass., with whom Reuben H. Nitkin, Boston, Mass., was on brief, for appellant.

Thomas H. Mahony, Boston, Mass., with whom Edward F. Mahony, George T. Padula, Philip B. Buzzell and Charles M. Ewing, Boston, Mass., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

This is an appeal from the judgment entered by the United States District Court for the District of Massachusetts on June 27, 1957 and presents the question of whether a remittitur is to be deducted from a verdict before interest calculated from the commencement of the action is added to the verdict or whether it is to be deducted from the aggregate amount of the verdict plus such interest.

The original memorandum filed by the trial judge on July...

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