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  5. 857 F.2d 877 (1988)
 

DUFFY v. CLIPPINGER

Nos. 88-1236, 88-1290 and 88-1237.

857 F.2d 877 (1988)

Mary T. DUFFY, Individually and as Administratrix of the Estate of Brendan M. Duffy, Plaintiff, Appellant, v. Donald E. CLIPPINGER and William Y. Ross, Defendants, Appellees (Two Cases). Appeal of William Y. ROSS, Defendant.

United States Court of Appeals, First Circuit.

Decided September 21, 1988.

Rehearing and Rehearing Denied October 19, 1988.

Attorney(s) appearing for the Case

John B. Johnson, John C. Corrigan, Jr., and Corrigan & Johnson, Boston, Mass., on brief for Mary T. Duffy.

Gerald F. Blair and Avery, Dooley, Post & Avery, Belmont, Mass., on briefs for William Y. Ross.

Armand Fernandes, Jr., and Law Office of Armand Fernandes, Jr., New Bedford, Mass., on brief for Sea View Hotel, Inc.

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

Rehearing and Rehearing En Banc Denied October 19, 1988.

LEVIN H. CAMPBELL, Chief Judge.

This appeal raises the question whether the district court was within its discretion when it denied plaintiff's motion for a new trial, after a jury trial at which a late-discovered witness was not allowed to testify. In the special circumstances of this case, we hold that the district court abused its discretion and that a new trial should be held.

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