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OSWALD v. CRUZ

No. 17089.

289 F.2d 488 (1961)

Ruben D. OSWALD, Appellant, v. William M. CRUZ, Appellee.

United States Court of Appeals Ninth Circuit.

April 6, 1961.

Attorney(s) appearing for the Case

David M. Shapiro, Agana, Guam, for appellant.

Thomas M. Jenkins, V. Judson Klein, Schofield, Hanson, Bridgett, Marcus & Jenkins, San Francisco, Cal., E. R. Crain, Agana, Guam, of counsel, for appellee.

Before CHAMBERS, JERTBERG and KOELSCH, Circuit Judges.

PER CURIAM.

Oswald, as a guest passenger of Cruz in his automobile while the latter was driving, was injured. On the first trial for negligence, Oswald received a favorable verdict. A new trial was granted on the ground that the verdict went against the weight of evidence and upon the ground of misconduct of Oswald's counsel during the trial.

At a second trial, the verdict went in favor of Cruz. Now Oswald appeals alleging that the granting of the new trial...

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