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HOLT v. UTILITY TRAILERS MFG. CO.

Nos. CIV-2-79-48, CIV-2-79-97.

494 F.Supp. 510 (1980)

John E. HOLT, Plaintiff, v. UTILITY TRAILERS MANUFACTURING COMPANY, Defendant and Third-Party Plaintiff, v. ALLFAST, INC., Third-Party Defendant. RECO TRANSPORTATION, INC., Plaintiff, v. UTILITY TRAILERS MANUFACTURING COMPANY, Defendant and Third-Party Plaintiff, v. ALLFAST, INC., Third-Party Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

On Judgment Notwithstanding the Verdict April 17, 1980.

On Motion for New Trial May 13, 1980.

Attorney(s) appearing for the Case

Thomas L. Kilday, Greeneville, Tenn., for plaintiffs.

Thomas C. McKee, Johnson City, Tenn., for defendants.

Thomas S. Scott, Jr., Knoxville, Tenn., for third-party defendant.

MEMORANDUM AND ORDER

NEESE, District Judge.

The defendant (and also third-party plaintiff) and the third-party defendant, each, moved for a continuance of the consolidated trial of these actions, on the ground that unexpectedly a material expert witness Mr. Robert E. Herfert will not be able to testify due to illness.1 Although the matter is not entirely free of doubt, the Court thinks that good cause has been shown. See<...

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