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MAYS v. DEALERS TRANSIT, INC.

No. 18103.

441 F.2d 1344 (1971)

Mayfrey MAYS, Administratrix of the Estate of Daniel Mays, Deceased, Plaintiff-Appellant, v. DEALERS TRANSIT, INC., Harold L. Flannery, Donald F. Scalise, and George Mays, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

March 9, 1971.

Attorney(s) appearing for the Case

Howard J. DeTrube, Jr., on the brief, Aribert L. Young, Indianapolis, Ind., John T. Lorenz, Kightlinger, Young, Gray & Hudson, Indianapolis, Ind., for plaintiff-appellant, Mayfrey Mays, Administratrix of the Estate of Daniel Mays, Deceased.

Richard W. Yarling, Eugene O. Maley, John H. Douglas, for defendants-appellees.

Yarling, Winter, Tunnell & Lamb, Indianapolis, Ind., for defendants-appellees Donald F. Scalise and George Mays.

Smith, Maley & Douglas, Indianapolis, Ind., for defendants-appellees Dealers Transit, Inc. and Harold L. Flannery.

Before MAJOR, Senior Circuit Judge, and KERNER and PELL, Circuit Judges.

PELL, Circuit Judge.

This is an appeal from a judgment in favor of the defendants following a jury verdict in diversity action in which the plaintiff sought to recover damages for the alleged wrongful death of her husband in a motor vehicle accident.

While there would seem to be substantial evidence supporting the verdict of the jury, the plaintiff contends that the district court committed reversible error in instructing the jury on contributory negligence...

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