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ENGLAND v. DOWNEY

No. 78-1322.

589 F.2d 374 (1979)

William J. ENGLAND, Appellant, v. Frederick A. DOWNEY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 5, 1979.

Attorney(s) appearing for the Case

John R. Ward, Hedberg, Brick, Funaro, Pratt, Tan & Ward, Des Moines, Iowa, for appellant.

Henry A. Harmon, Grefe & Sidney, Des Moines, Iowa, for appellee.

Before STEPHENSON and McMILLIAN, Circuit Judges, and ROBINSON, Senior District Judge.

McMILLIAN, Circuit Judge.

Appellant William J. England, plaintiff below in a personal injury suit, appeals from the judgment directed for appellee Frederick A. Downey by the district court. For reversal, he argues that there was sufficient evidence of appellee's negligence to warrant submission of the case to the jury. We agree with the district court1 that there was insufficient evidence and affirm the judgment.

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