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PROBUS v. K-MART, INC.

No. 85-3045.

794 F.2d 1207 (1986)

Robert PROBUS and Geneva Probus, Plaintiffs-Appellants, v. K-MART, INC., and Keller Industries, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 30, 1986.

Attorney(s) appearing for the Case

Donald R. Forrest, New Albany, Ind., for plaintiffs-appellants.

Sandra Young, Purcell & Wardropse, Chtd., Chicago, Ill., for defendants-appellees.

Before WOOD and COFFEY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

The questions we are required to decide in this appeal from a judgment for the defendants in a products liability suit governed by Indiana law are (1) whether the trial court erred in excluding the plaintiff's evidence of subsequent remedial measures under Fed.R.Evid. 407 and (2) whether certain comments made by defendants' counsel in closing arguments warrant the grant of a new trial. For the reasons stated below, we will affirm.<...

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