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SEARS v. PAULY

Nos. 5366, 5367.

261 F.2d 304 (1958)

Eleonora R. SEARS, Defendant, Appellant, v. Hartmann H. PAULY, Plaintiff, Appellee. Hartmann H. PAULY, Plaintiff, Appellant, v. Eleonora R. SEARS, Defendant, Appellee.

United States Court of Appeals First Circuit.

November 26, 1958.

Attorney(s) appearing for the Case

Joseph B. Abrams, Boston, Mass., with whom Samuel Abrams, Joseph G. Crane and Ruth I. Abrams, Boston, Mass., were on brief, for Eleonora R. Sears.

James D. St. Clair, Boston, Mass., with whom Blair L. Perry and Hale & Dorr, Boston, Mass., were on brief, for Hartmann H. Pauly.

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

HARTIGAN, Circuit Judge.

There are two appeals arising out of this litigation that are before us for decision. Appeal No. 5366 is by the defendant and is from that part of the judgment of the United States District Court for the District of Massachusetts, following a jury verdict for the plaintiff, awarding the plaintiff $85,000 on his second cause of action. Appeal No. 5367 is by the plaintiff and is from an order of the district court denying the plaintiff's motion...

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