No. 75-1004.

514 F.2d 896 (1975)

Alexis P. KISTENEFF, Plaintiff-Appellant, v. Raymond TIERNAN, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided April 23, 1975.

Attorney(s) appearing for the Case

Deming E. Sherman, Providence, R. I., with whom Edwards & Angell, Providence, R. I., was on brief, for appellant.

Ralph J. Gonnella, Providence, R. I., with whom Hodosh, Spinella, Hodosh & Angelone, Providence, R. I., was on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


This is a diversity action arising out of an alleged assault and battery by appellee upon appellant. A jury was selected on November 11, 1974, and on November 18 appellant began putting on his case. Appellant testified as to the altercation with appellee and also described the damages which he sustained. The trial continued on Tuesday, November 19, and at that time appellant informed the court that his medical expert, Dr. Silver, would not be available...

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