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MILES v. RYAN

No. 72-1401.

484 F.2d 1255 (1973)

Caesar MILES, Administrator of the Estate of Michael E. Miles, Deceased, Appellant, v. William F. RYAN Jr., Frank Wells a/k/a Frank Kings Coach Inn Restaurant Co. also known as the Coach Inn.

United States Court of Appeals, Third Circuit.

Decided September 4, 1973.

Attorney(s) appearing for the Case

Stephen M. Feldman, Feldman & Feldman, and Rubin Mogul Ardmore, Philadelphia, Pa., for appellant.

Daniel J. Ryan, John J. Walsh, Jr., Joseph G. Manta, and LaBrum & Doak, Philadelphia, Pa., for appellees.

Before BIGGS, VAN DUSEN and GIBBONS, Circuit Judges.

VAN DUSEN, Circuit Judge.

Plaintiff1 appeals from a district court judgment for defendant Ryan entered on the jury's verdict finding the plaintiff was contributorily negligent in a diversity,2 survival and wrongful death action. Plaintiff contends that the jury's verdict was against the weight of the evidence, that the district court erred when it excluded evidence of drinking on the part of one of the defendants...

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