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DESMARAIS v. GENTLE

No. 6397.

342 F.2d 754 (1965)

Roland G. DESMARAIS, Administrator, etc., Plaintiff, Appellant, v. Herbert A. GENTLE et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

March 11, 1965.

Attorney(s) appearing for the Case

Jerome G. Daviau, Waterville, Me., for appellant.

Malcolm Berman, Houlton, Me., for appellees.

Before ALDRICH, Chief Judge, SWEENEY, Chief Judge, and WYZANSKI, District Judge.

ALDRICH, Chief Judge.

This is an action for wrongful death (only) of plaintiff's decedent, as the result of the collision of a car and a truck on a Maine highway, brought in the district court on the ground of diversity. The case was tried to the court, which found in the defendants' favor both on the issue of their negligence and of the contributory negligence of the deceased. Plaintiff appeals.

Basic to the appeal are two contentions with respect to evidence...

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