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MAGNUSON v. FAIRMONT FOODS COMPANY

No. 16704.

398 F.2d 325 (1968)

Gordon E. MAGNUSON, Plaintiff-Appellant, v. FAIRMONT FOODS COMPANY, Inc., and American Mutual Liability Insurance Company, Defendants-Respondents.

United States Court of Appeals Seventh Circuit.

July 11, 1968.

Attorney(s) appearing for the Case

Edward P. Rudolph, Milwaukee, Wis., for plaintiff-appellant.

Edmund W. Powell, Wickham, Borgelt, Skogstad & Powell, Milwaukee, Wis., for defendants-respondents.

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

KILEY, Circuit Judge.

This is a diversity personal injury action.1 Plaintiff Magnuson has appealed from a directed verdict of not guilty in favor of defendant Fairmont Foods Company, Inc.2 We reverse and remand for trial.

On July 31, 1965, about 2:30 a. m., Magnuson was riding his motorcycle north on Highway 41 in the outskirts of Green Bay, Wisconsin. He overtook Fairmont's northbound semi-trailer...

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