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COUNTY OF MARICOPA OF STATE OF ARIZ. v. MABERRY

No. 74-2928.

555 F.2d 207 (1977)

COUNTY OF MARICOPA OF the STATE OF ARIZONA, a body politic, Defendant-Appellant, v. Wilbur L. MABERRY and Dorothy E. Maberry, husband and wife, surviving mother and father of Samuel Lee Maberry, Deceased, Plaintiffs-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing May 2, 1977.

Attorney(s) appearing for the Case

Daniel Cracchiolo (argued) of Burch, Cracchiolo, Levie, Guyer & Weyl, Phoenix, Ariz., for defendant-appellant.

Kenneth Rosengren (argued), Phoenix, Ariz., for plaintiffs-appellees.

Before BARNES, KILKENNY and WALLACE, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc May 2, 1977.

BARNES, Senior Circuit Judge:

Appellant has two strings to its bow on this appeal. The first is the alleged error in instructing the jury on the last clear chance doctrine, and the second is the alleged misconduct of counsel for appellees.

Some discussion of the facts relating to each alleged error is necessary to understand the legal question urged. We attempt to summarize these...

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