PRADIER v. ELESPURU

No. 79-4078.

641 F.2d 808 (1981)

1st Lt. Jerome M. PRADIER, Plaintiff-Appellee, v. Jose Martin ELESPURU and Luis Basterrechea d/b/a Basterrechea Distributing Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1981.


Attorney(s) appearing for the Case

David P. Templeton, Martin, Bischoff, Templeton, Biggs & Ericsson, Portland, Or., for defendants-appellants.

George H. Corey, Corey, Byler & Rew, Pendleton, Or., for plaintiff-appellee.

Before HUG and REINHARDT, Circuit Judges, and SMITH, District Judge.


HUG, Circuit Judge:

Defendants appeal from the district court's verdict for plaintiff in this personal injury action arising from an automobile accident in Oregon. Jurisdiction was based on diversity of citizenship. Appellants contend that the district court erred in denying a jury trial, and that the evidence did not support certain elements of the trial court's damage award. We reverse and remand for a new trial by jury, and therefore do not reach the damage question...

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