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BARRIS v. BOB'S DRAG CHUTES & SAFETY EQUIPMENT

Nos. 82-5711, 82-5836.

717 F.2d 52 (1983)

Barbara Ellen BARRIS, Administratrix of the Estate of Arnold Leroy Barris, III, Deceased v. BOB'S DRAG CHUTES & SAFETY EQUIPMENT, INC., a Michigan corporation and Stan Hoover, individually and t/d/b/a Stan Hoover, Jr. Racing Enterprises. Appeal of BOB'S SAFETY EQUIPMENT, INC., a Michigan corporation. Barbara Ellen BARRIS, Administratrix of the Estate of Arnold Leroy Barris, III, Deceased, Appellant, v. BOB'S DRAG CHUTES & SAFETY EQUIPMENT, INC., a Michigan corporation, and Stan Hoover, individually and t/d/b/a Stan Hoover, Jr. Racing Enterprises.

United States Court of Appeals, Third Circuit.

Decided September 6, 1983.

Attorney(s) appearing for the Case

James D. Wines, Ann Arbor, Mich., for Bob's Safety Equipment, Inc.

Louis M. Tarasi, Jr., Tarasi & Tighe, P.C., Pittsburgh, Pa., for Barbara Ellen Barris, etc., et al.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.

Submitted Under Third Circuit Rule 12(6) August 12, 1983.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question for decision raised by these two appeals from a judgment in favor of plaintiff in a diversity action brought under Pennsylvania law is the extent to which delay damages may be awarded under Rule 238, Pa.R.Civ.P.1. Here, defendant obtained a directed verdict at the close of the first trial, but, after...

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