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MILLER v. RYKOFF-SEXTON, INC.

No. 87-5610.

845 F.2d 209 (1988)

Marilyn MILLER, Plaintiff-Appellee, v. RYKOFF-SEXTON, INC., et al., Defendants, and Atlas Hotels, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1988.

Attorney(s) appearing for the Case

Morgan & Armbrister, Los Angeles, Cal., Horvitz, Levy & Amerian, George P. Schiavelli (argued), Sharon Munson Swanson, Encino, Cal., for defendant-appellant.

James P. Cinque, Robert W. Cinque, Cinque & Cinque, New York City, for plaintiff-appellee.

Before O'SCANNLAIN and LEAVY, Circuit Judges, and ORRICK, District Judge.

LEAVY, Circuit Judge:

OVERVIEW

Atlas Hotels, Inc. (Atlas) appeals from a judgment entered pursuant to a jury verdict awarding Marilyn Miller compensatory and punitive damages. Miller brought this diversity action against Atlas for injuries suffered because Atlas used sulfites on a salad consumed by Miller. Atlas asserts that the district court erred in instructing the jury concerning a missing witness, comparative fault, and damages for future pain and suffering...

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