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MAYER v. PETZELT

No. 13611.

311 F.2d 601 (1962)

Theodore J. MAYER, Plaintiff-Appellant, v. Frank PETZELT, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 30, 1963.

Attorney(s) appearing for the Case

William C. Wines, Chicago, Ill., for appellant.

L. H. Vogel, Albert F. Manion, Chicago, Ill., Charles R. Purcell, Jr., Chicago, Ill., John D. Dempsey, Chicago, Ill., of counsel, for appellee.

Before HASTINGS, Chief Judge, and DUFFY and KILEY, Circuit Judges.

KILEY, Circuit Judge.

This is an appeal by plaintiff following the second trial of a diversity personal injury action against a Crystal Lake, Illinois, policeman. The first trial resulted in a $25,000 verdict for plaintiff, but a new trial was granted defendant. At the second trial on liability alone, the jury returned a general verdict for plaintiff with a special interrogatory against him on the question of due care. The District Court, notwithstanding the verdict...

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