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GAY v. AMERICAN MOTORISTS INS. CO.

Nos. 82-1337, 82-1396.

714 F.2d 13 (1983)

Cheryl Sawyer GAY, Appellant, and Michael Wayne Gay, Jr., an infant who sues by his mother and next friend, Cheryl Sawyer Gay, Patrice Marlene Gay, an infant who sues by her mother and next friend, Cheryl Sawyer Gay, Patrick Barlow Gay, an infant who sues by his mother and next friend, Cheryl Sawyer Gay, Plaintiffs, v. AMERICAN MOTORISTS INSURANCE COMPANY, Appellee. Cheryl Sawyer GAY, Appellee, and Michael Wayne Gay, Jr., an infant who sues by his mother and next friend, Cheryl Sawyer Gay, Patrice Marlene Gay, an infant who sues by her mother and next friend, Cheryl Sawyer Gay, Patrick Barlow Gay, an infant who sues by his mother and next friend, Cheryl Sawyer Gay, Plaintiffs, v. AMERICAN MOTORISTS INSURANCE COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 9, 1983.

Attorney(s) appearing for the Case

Edward Colston Newton, Newport News, Va. (John F. Rixey, Rixey, Heilig & McHenry, Norfolk, Va., on brief), for appellant.

John F. Newhard, Jr. (James A. Howard, James A. Howard, II, Breeden, Howard & MacMillan, Norfolk, Va., on brief), for appellee.

Before WIDENER, HALL and ERVIN, Circuit Judges.

WIDENER, Circuit Judge:

Cheryl Gay brought this diversity action in the Circuit Court of York County, Virginia, on a policy of accident insurance on account of the death of her husband. The defendant removed the case to the United States District Court. After a jury trial and a plaintiff's verdict for compensatory and punitive damages, the trial court entered judgment for the defendant, notwithstanding the verdict.1 The plaintiff appealed...

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