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HERBERT v. MOBIL OIL CORPORATION

No. 71-2602.

480 F.2d 1209 (1973)

Clifford N. HERBERT, Plaintiff-Appellee, v. MOBIL OIL CORPORATION, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 27, 1973.

Attorney(s) appearing for the Case

Harry P. Thomson, Jr. (argued), John M. Kilroy, of Shughart, Thompson & Kilroy, Kansas City, Mo., Anderson, Symmes, Forbes, Peete & Brown, Billings, Mont., for defendant-appellant.

Roland V. Colgrove (argued), Miles City, Mont., Alan F. Cain, of Hughes & Bennett, Helena, Mont., for plaintiff-appellee.

Before BARNES and CHOY, Circuit Judges, and MURRAY, District Judge.

PER CURIAM:

This is an appeal from a judgment entered against defendant Mobil Oil Corporation (herein Mobil), in the sum of $75,245.15, after a jury verdict in a personal injury diversity case, and the trial judge's denial of a new trial. The accident occurred on March 2, 1968; the case was tried on June 1st, 8th, 9th, and 10th, 1971, in Billings, Montana.

The sole error urged is the refusal of the trial court to admit certain hospital records, both on the...

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