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BROWN v. DeVICCHIS & SONS, INC.

No. 76-1696.

552 F.2d 545 (1977)

Michael D. BROWN and Cleata Brown, his wife, Appellants, v. E. DeVICCHIS & SONS, INC., a corporation.

United States Court of Appeals, Third Circuit.

Decided March 14, 1977.

Attorney(s) appearing for the Case

John Daley, Samuel W. Braver, Brennan, Robins & Daley, Pittsburgh, Pa., for appellants.

Mark K. McNally, Brandt, McManus, Brandt & Malone, Pittsburgh, Pa., for appellee.

Before GIBBONS and GARTH, Circuit Judges, and BECHTLE, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The plaintiffs, Michael D. Brown and Cleata Brown, appeal from the denial of a motion for a new trial in a diversity personal injury action in which the jury found for the defendant on liability. Because rulings of the trial court precluded the Browns from presenting their theories of negligence as a part of the plaintiffs' case, we reverse.

The accident giving rise to the suit occurred on August 16, 1972...

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