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FOSTER v. CONTINENTAL CAN CORP.

No. 84-1683.

783 F.2d 731 (1986)

Sally Ann FOSTER, Plaintiff-Appellant, v. CONTINENTAL CAN CORPORATION, Donald F. Elling and Diversified Labor Service, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 19, 1986.

Attorney(s) appearing for the Case

Thomas H. Singer, Lysohir & Singer, South Bend, Ind., for plaintiff-appellant.

Edmond W. Foley, R. Kent Rowe, Rowe & Laderer, South Bend, Ind., for defendants-appellees.

Before ESCHBACH and POSNER, Circuit Judges, and GIBSON, Senior Circuit Judge.

ESCHBACH, Circuit Judge.

Plaintiff appeals from a judgment for defendants and the denial of her motion for a new trial in a diversity negligence action governed by Indiana law.1 The primary questions presented by this appeal are: (1) whether there was sufficient evidence upon which to instruct the jury regarding excuse for the violation of a safety statute; (2) whether an instruction on the defendants...

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