WHITE v. COHEN

No. 78-3747.

635 F.2d 761 (1981)

Bobbie Maye WHITE, Plaintiff-Appellee, v. Robert COHEN, individually and Crest Motel, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1981.


Attorney(s) appearing for the Case

Thomas D. Beatty, Las Vegas, Nev., for defendants-appellants.

Harold M. Gamer, Los Angeles, Cal., on brief; James R. Tipps, Los Angeles, Cal., argued, for plaintiff-appellee.

Before DUNIWAY and KENNEDY, Circuit Judges, and CURTIS, District Judge.


KENNEDY, Circuit Judge.

Defendants sustained an adverse judgment in a negligence action and now appeal. The principal error assigned is that a tape recording introduced by the plaintiff below and played for the jury contained prejudicial statements which seriously impaired defendants' right to a fair and impartial trial. We agree with that contention and reverse.

In this diversity case, Bobbie Maye White brought a personal injury suit against the Crest Motel...

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