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BATES v. R. D. WERNER COMPANY

Nos. 18871, 18872.

419 F.2d 1118 (1970)

Harry BATES, Plaintiff-Appellant and Cross-Appellee, v. R. D. WERNER COMPANY, Inc., Defendant-Appellee and Cross-Appellant.

United States Court of Appeals Sixth Circuit.

January 7, 1970.

Attorney(s) appearing for the Case

Frances R. Avadenka, Pontiac, Mich., for Harry Bates.

Albert A. Miller, Detroit, Mich., for R. D. Werner Co., Garan, Lucow & Miller, Detroit, Mich., on brief.

Before WEICK, Chief Judge, and O'SULLIVAN and CELEBREZZE, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Plaintiff-appellant, Harry Bates, appeals from judgment for defendant-appellee, entered November 28, 1967, upon a jury verdict of no cause of action, returned in plaintiff's personal injury action against defendant R. D. Werner Company, Inc. The case was tried in the United States District Court for the Eastern District of Michigan, Southern Division. Michigan law controls this diversity action.

Plaintiff charged that the Werner...

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