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JONES v. WITTENBERG UNIVERSITY

Nos. 75-1459, 75-1460.

534 F.2d 1203 (1976)

Richard H. JONES, Administrator of the Estate of John C. Lobach, Plaintiff-Appellee-Cross-Appellant, v. WITTENBERG UNIVERSITY et al., Defendants-Appellants-Cross-Appellees (two cases).

United States Court of Appeals, Sixth Circuit.

Decided April 22, 1976.

Attorney(s) appearing for the Case

Leo F. Krebs, Bieser, Greer & Landis, Dayton, Ohio, for appellant in No. 75-1459 and appellee in No. 75-1460.

James E. Beasley, Philadelphia, Pa., for appellees in No. 75-1459 and appellants in No. 75-1460.

Before PHILLIPS, Chief Circuit Judge, and CELEBREZZE and McCREE, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is an appeal from a jury verdict for Appellee in an action under Ohio's Wrongful Death Act and survival statute brought within the District Court's diversity jurisdiction. 28 U.S.C. § 1332 (1970).1 The jury found Appellants Wittenberg University and Chester Phillips, liable for decedent's death and injuries and awarded $27,000 damages in the wrongful death action and $100,000 damages for pain and suffering...

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