OPINION OF THE COURT
JAMES ROSEN, Circuit Judge.
Appellant Frank L. Pickering appeals from an adverse jury verdict in this federal diversity suit arising out of an alleged assault and battery occurring on May 25, 1962 at Riverside, New Jersey. At the time of the alleged assault Pickering was employed by the Austin Company as a project superintendent. The Austin Company was the general contractor in an enterprise calling for the construction of new facility...
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