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MANNING v. GRIMSLEY

No. 80-1145.

643 F.2d 20 (1981)

David MANNING, Jr., Plaintiff-Appellant v. Ross GRIMSLEY and The Baltimore Baseball Club, Inc., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided February 27, 1981.

As Modified On Denial of Rehearing and Rehearing March 19, 1981.

Attorney(s) appearing for the Case

Robert S. Wolfe, Boston, Mass., for plaintiff-appellant.

William J. Gately, Jr., Boston, Mass., with whom Williams & Jackson, Boston, Mass., was on brief, for defendant-appellee The Baltimore Baseball Club, Inc.

Jeffrey M. Smith, Boston, Mass., with whom Paul T. Smith, and Harvey R. Peters, Boston, Mass., were on brief for defendant-appellee Ross Grimsley.

Before CAMPBELL, BREYER, Circuit Judges, and WYZANSKI, Senior District Judge.

As Modified On Denial of Rehearing and Rehearing En Banc, March 19, 1981.

WYZANSKI, Senior District Judge:

In this diversity action involving the law of Massachusetts the plaintiff, complaining that he as a spectator at a professional baseball game was injured by a ball thrown by a pitcher, sought in a battery count and in a negligence count to recover damages from the pitcher and his employer. The district judge directed a verdict for defendants on the battery...

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