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BELLOTTE v. ZAYRE CORP.

No. 75-1183.

531 F.2d 1100 (1976)

James Harold BELLOTTE, by his father and next friend, James G. Bellotte, and James G. Bellotte, Plaintiffs-Appellants, v. ZAYRE CORP., Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided March 29, 1976.

Attorney(s) appearing for the Case

W. Wright Danenbarger, Manchester, N.H., with whom Dort S. Bigg and Wiggin & Nourie, Manchester, N.H. were on brief, for appellants.

Andrew M. Scherffius, Atlanta, Ga., with whom Joe C. Freeman, Jr., Neely, Freeman & Hawkins, Atlanta, Ga., Philip G. Peters, and Wadleigh, Starr, Peters, Dunn & Kohls, Manchester, N.H. were on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and THOMSEN, Senior District Judge.

McENTEE, Circuit Judge.

Plaintiffs in this diversity case appeal from a judgment entered after a jury verdict in favor of defendant, and from a denial of their motions for a new trial and a judgment notwithstanding the verdict. Most of the facts are undisputed and concern a single incident. On the evening of May 22, 1971, five-year old James Bellotte was left in the care of his twelve-year old step-brother Earl while their parents were out. In the course of the evening...

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