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STRADLEY v. CORTEZ

Nos. 74-1693 to 74-1695.

518 F.2d 488 (1975)

Kenneth STRADLEY, Appellee, v. Frederick CORTEZ, Jr., a minor by his father and natural guardian of the Estate of Frederick Cortez, Jr., and Frederick Cortez, Sr., Appellant in No. 74-1693. Appeal of AETNA CASUALTY & SURETY COMPANY, in No. 74-1694. Appeal of PROFESSIONAL INSURANCE BROKERS, INC., in No. 74-1695.

United States Court of Appeals, Third Circuit.

Decided June 5, 1975.

As Amended June 26, 1975.

Attorney(s) appearing for the Case

James E. Colleran, Beasley, Hewson, Casey, Kraft & Colleran, Philadelphia, Pa., for appellee.

William B. Allen, Levittown, Pa., for appellant Cortez.

Edward B. Joseph, Kaliner & Joseph, Philadelphia, Pa., for appellant Aetna Cas. & Sur. Co.

Jonathan Wheeler, Frank & Margolis, Philadelphia, Pa., for appellant Professional Ins. Brokers, Inc.

Before VAN DUSEN, ADAMS and GARTH,

OPINION OF THE COURT

GARTH, Circuit Judge.

On this consolidated appeal by defendant Cortez, Sr. and his two insurance carriers, we are obliged to review the district court's exercise of discretion in granting a new trial, limited to the negligence of Frederick Cortez, Sr., four years after a jury verdict was recorded against only a co-defendant, Frederick Cortez, Jr. We hold that the district court lacked jurisdiction to grant a new trial under Fed...

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