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  5. 836 F.2d 695 (1988)
 

MARCHANT v. DAYTON TIRE & RUBBER CO.

Nos. 87-1487, 87-1634.

836 F.2d 695 (1988)

John S. MARCHANT, Plaintiff, Appellant, v. The DAYTON TIRE & RUBBER CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 6, 1988.

Attorney(s) appearing for the Case

Joseph T. Papetti with whom Stephen M. Ouellette, Orlando & Associates, Gloucester, Mass., and Peter A. Donovan, Boston, Mass., were on brief, for plaintiff, appellant.

Francis H. Fox with whom David A. Schecker and Bingham, Dana & Gould, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, Circuit Judge, BROWN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

COFFIN, Circuit Judge.

Plaintiff-Appellant, John Marchant, was injured when a tire manufactured by the defendant-appellee, Dayton Tire & Rubber, exploded while plaintiff was mounting it onto his truck. Following a jury trial at which defendant was found liable for damages for a breach of warranty on the tire, the trial judge entered a judgment for the defendant notwithstanding the verdict. Plaintiff appeals the judgment n.o.v.

I.

On April 28...

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