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ATLANTIC TUBING & RUBBER CO. v. INTERN. ENGRAVING CO.

No. 75-1014.

528 F.2d 1272 (1976)

ATLANTIC TUBING & RUBBER COMPANY, Plaintiff-Appellant, v. INTERNATIONAL ENGRAVING COMPANY, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided January 13, 1976.

Attorney(s) appearing for the Case

George M. Vetter, Jr., Providence, R. I., with whom Frank T. Barber, III, Lecomte, Shea & Dangora, Boston, Mass., and Hinckley, Allen, Salisbury & Parsons, Providence, R. I., were on brief, for plaintiff-appellant.

Ralph J. Gonnella, Providence, R. I., with whom Thomas C. Angelone and Hodosh, Spinella, Hodosh & Angelone, Providence, R. I., were on brief, for defendant-appellee.

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

THOMSEN, Senior District Judge.

Plaintiff appeals from a judgment entered pursuant to a general verdict for defendant at the second trial of this case. The first ended in a mistrial because the district judge concluded that the answers to questions submitted to the jury pursuant to Rule 49(a), F.R. Civ.P., were inconsistent with respect to certain issues. Plaintiff argues that the district judge erred in not entering a judgment for plaintiff at the first trial, and...

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