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BURKE v. MAASSEN

Nos. 89-1649, 89-1736 and 89-1737.

904 F.2d 178 (1990)

BURKE, Raymond G. and Burke, Suzanne, Administrators of the Estate of George M. Burke, Appellants at Nos. 89-1649 & 89-1737, v. MAASSEN, Jeffrey David and Malone Freight Lines, Inc., Appellants at No. 89-1736.

United States Court of Appeals, Third Circuit.

Decided May 30, 1990.

Rehearing and Rehearing Denied June 28, 1990.

Attorney(s) appearing for the Case

Lawrence M. Silverman (argued), Silverman & Coopersmith, Philadelphia, Pa., for Raymond G. Burke and Suzanne Burke.

Gordon Gelfond (argued), Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, Pa., Robert E. Konchar, Moyer & Bergman, Cedar Rapids, Iowa, for Jeffrey David Maassen and Malone Freight Lines, Inc.

Before SLOVITER, HUTCHINSON and COWEN, Circuit Judges.

Rehearing and Rehearing In Banc Denied June 28, 1990.

OPINION OF THE COURT

COWEN, Circuit Judge.

Jeffrey David Maassen and Malone Freight Lines, Inc. (Malone) appeal from a final judgment entered against them following a jury trial in the Eastern District of Pennsylvania. They challenge the district court's denial of their motions for judgment N.O.V. and a new trial. Raymond G. Burke and Suzanne Burke, plaintiffs and prevailing parties in district...

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