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WEIL v. SELTZER

No. 88-7070.

873 F.2d 1453 (1989)

Brian Keith WEIL, as Personal Representative of the Estate of Martin Leonard Weil, Deceased, Appellee, v. Florence SELTZER, Personal Representative of the Estate of Alvin Seltzer, M.D., Deceased, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 1989.

As Amended April 28, 1989.

Attorney(s) appearing for the Case

J. Joseph Barse, with whom Keith Bonner and David P. Sutton, Washington, D.C., were on the brief, for appellant.

Mark A. Binstock, with whom Edward H. Kerman, Rockville, Md., was on the brief, for appellee.

Before RUTH BADER GINSBURG and SILBERMAN, Circuit Judges, and FLOYD R. GIBSON, United States Senior Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge:

This is an appeal from a final judgment entered on a jury's verdict in a survival and wrongful death action. This case is now before us after two successive trials. The first trial resulted in a verdict for the defendant/appellant; however, the district court set aside the verdict and ordered a new trial after concluding that a contributory negligence instruction was erroneously submitted to the jury. On retrial before a different...

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