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HUTTON v. FISHER

No. 15337.

359 F.2d 913 (1966)

C. Addison HUTTON, Guardian of the Estate of Eddie Graybeal, a Minor, v. Joseph FISHER, Florence Fisher, His Wife, and Howard Fisher. Joseph Fisher and Florence Fisher, Appellants.

United States Court of Appeals Third Circuit.

Decided April 12, 1966.

Rehearing Denied May 5, 1966.

Attorney(s) appearing for the Case

Fred T. Cadmus, III, West Chester, Pa. (David C. Patten, West Chester, Pa., on the brief), for appellants.

Richard Reifsnyder, West Chester, Pa. (MacElree, Platt, Marrone & Harvey, West Chester, Pa., on the brief), for appellee.

Before HASTIE, GANEY and FREEDMAN, Circuit Judges.

HASTIE, Circuit Judge.

In this personal injury case defendants are appealing from an order denying their motion to set aside a default and a judgment entered thereon pursuant to a jury's assessment of damages in the amount of $195,000.

The accident in suit occurred August 5, 1958 and admittedly resulted in very severe permanently incapacitating injury to Eddie Graybeal, a minor on whose behalf this action was subsequently instituted. A week after the accident...

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