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McALLISTER v. CATLETT

No. 17213.

374 F.2d 789 (1967)

A. J. McALLISTER, Plaintiff-Appellant, v. Raymond D. CATLETT, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

March 24, 1967.

Attorney(s) appearing for the Case

Joseph E. Stopher, Louisville, Ky., for appellant, Joseph J. Leary, Frankfort, Ky., A. J. Deindoerfer, Boehl, Stopher, Graves & Deindoerfer, Louisville, Ky., on the brief.

Henry V. B. Denzer, Louisville, Ky., for appellee, Henry A. Triplett, Hogan, Taylor, Denzer & Bennett, Louisville, Ky., on the brief.

Before EDWARDS and McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

This is an appeal from a jury verdict for Defendant-Appellee Catlett in a diversity suit brought by Plaintiff-Appellant McAllister to recover for personal injuries incurred when Catlett fell from a pear tree and struck him. McAllister and Catlett were jointly engaged in picking pears. Immediately before the accident, Catlett was standing near the top of a ladder propped against the tree. Catlett's testimony suggested that McAllister was standing on the...

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