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ROVEGNO v. GEPPERT BROS., INC.

Nos. 80-2512, 80-2513.

677 F.2d 327 (1982)

ROVEGNO, Alice J., Individually and as Executrix of the Estate of Rovegno, Marshall, Deceased, Appellant in No. 80-2512, v. GEPPERT BROTHERS, INC., and Ward, Lewis J. ROVEGNO, Alice J., Individually and as Executrix of the Estate of Rovegno, Marshall, Deceased, v. GEPPERT BROTHERS, INC., and Ward, Lewis J., Appellants in No. 80-2513.

United States Court of Appeals, Third Circuit.

Decided May 3, 1982.

Rehearing Denied June 3, 1982.

Attorney(s) appearing for the Case

Hugh M. Emory (argued), Duane, Morris & Heckscher, Paoli, Pa., for Geppert Brothers, Inc. and Ward, Lewis J., appellants in No. 80-2513 and as cross-appellees in No. 80-2512.

John J. Lindsay (argued), Boakes, Lindsay & Smith, Woodbury, N. J., for Rovegno, Alice J., etc., appellee in No. 80-2513 and as cross-appellant in No. 80-2512.

Before ALDISERT, VAN DUSEN and GARTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question presented by this appeal from a judgment for the plaintiff in a diversity case arising from a fatal traffic accident is whether the district court erred or abused its discretion by excluding evidence of the decedent's blood alcohol level. In light of the Pennsylvania decisional law regarding admissibility of evidence of intoxication and the evidentiary support for the district court's factual...

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