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DOUGLAS v. UNION CARBIDE CORPORATION

No. 8728.

311 F.2d 182 (1962)

Hubert Gene DOUGLAS, Virginia Douglas, and Allstate Insurance Company, a corporation, Appellants, v. UNION CARBIDE CORPORATION, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 7, 1962.

Attorney(s) appearing for the Case

John S. Haight, Charleston, W. Va., and John H. Reed, Jr., So. Charleston, W. Va. (Robert H. C. Kay, Charleston, W. Va., on brief), for appellants.

J. Campbell Palmer, III, Charleston, W. Va., for appellee.

Before SOPER and BOREMAN, Circuit Judges, and WINTER, District Judge.

BOREMAN, Circuit Judge.

The appellants, plaintiffs below, seek to prosecute an appeal from an order of the United States District Court for the Southern District of West Virginia setting aside jury verdicts in their favor and granting the defendant, Union Carbide Corporation, a new trial. At a first trial of this negligence action the jury failed to agree. A second jury trial resulted in a verdict in favor of Hubert Gene Douglas for $30,400 and a verdict in favor...

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