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O'BRIEN v. PAPA GINO'S OF AMERICA, INC.

No. 85-1231.

780 F.2d 1067 (1986)

John J. O'BRIEN, Plaintiff, Appellee, v. PAPA GINO'S OF AMERICA, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 2, 1986.

Attorney(s) appearing for the Case

Sterling H. Schoen, Jr. with whom Wiggin & Nourie and Edward L. Cross, Manchester, N.H., were on brief, for defendant, appellant.

Randolph J. Reis with whom Brown & Nixon and Jill A. Gonya, Manchester, N.H., were on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, BOWNES and TORRUELLA, Circuit Judges.

TORRUELLA, Circuit Judge.

This is an appeal from a jury verdict awarding plaintiff/appellee $448,200 in damages arising from his dismissal from the defendant/appellant's employment. The appellant claims error in the district court's refusal to direct a verdict in its favor, grant a judgment notwithstanding the verdict, or allow a new trial.

The lawsuit arose from the following set of facts. In 1973 appellee John O'Brien was hired by appellant Papa Gino's of...

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