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BARNES v. BROWN

No. 17746.

430 F.2d 578 (1970)

Nickolas L. BARNES, Plaintiff-Appellant, v. Robert L. BROWN, Individually, and Robert L. Brown, d/b/a Brown Trucking Company, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

July 10, 1970.

Attorney(s) appearing for the Case

Richard L. Mandel, Alfred R. Lipton, Chicago, Ill., for plaintiff-appellant; Terry Y. Feiertag, Chicago, Ill., of counsel.

Joseph B. Lederleitner, Timothy J. Gillick, Pretzel, Stouffer, Nolan & Rooney, Chicago, Ill., for defendant-appellee.

Before HASTINGS, Senior Circuit Judge, and KILEY and KERNER, Circuit Judges.

KILEY, Circuit Judge.

The jury in this diversity personal injury case returned a general verdict for plaintiff Barnes for $1,000.00, but answered "Yes" to a special interrogatory whether he was guilty of contributory negligence proximately causing his injury. The district court nullified the general verdict, entered judgment on the special verdict and overruled Barnes' motion for new trial. He has appealed. We affirm.

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