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SPRUILL v. BOYLE-MIDWAY, INCORPORATED

No. 8589.

308 F.2d 79 (1962)

Neil S. SPRUILL, Administrator of the Estate of Marion William Spruill, Jr., Deceased, Appellee, v. BOYLE-MIDWAY, INCORPORATED, a foreign corporation, and American Home Products Corporation, a foreign corporation, Appellants.

United States Court of Appeals Fourth Circuit.

Decided September 8, 1962.

Attorney(s) appearing for the Case

Edwin J. Rafal and Frederick T. Stant, Jr., Norfolk, Va. (Parsons, Stant & Parsons, Norfolk, Va., on brief), for appellants.

Arnold H. Leon, Portsmouth, Va. (Stanley J. Bangel, and Bangel, Bangel & Bangel, Portsmouth, Va., on brief), for appellee.

Before SOPER and BELL, Circuit Judges, and BARKSDALE, District Judge.

J. SPENCER BELL, Circuit Judge.

This is an appeal by the defendants, Boyle-Midway, Incorporated, and American Home Products Corporation, from a judgment of the District Court for the Eastern District of Virginia entered upon a jury verdict for the plaintiffs in a wrongful death action. The defendants having preserved their rights by proper motions throughout the trial now ask us to set aside the judgment and rule that the case ought properly not to have gone to the...

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