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FOLEY v. RUST INTERN.

Nos. 89-1159, 89-1160 and 89-1250.

901 F.2d 183 (1990)

Michael J. FOLEY, Plaintiff, Appellant, v. RUST INTERNATIONAL, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 19, 1990.

Attorney(s) appearing for the Case

John J. McGivney, with whom Thomas D. Burns, Darrell Mook, and Burns and Levinson, Boston, Mass., were on brief for appellant.

Kenneth L. Carson, with whom Sugarman, Rogers, Barshak and Cohen, Boston, Mass., were on brief for appellee.

Before BREYER, Circuit Judge, BOWNES, Senior Circuit Judge, and SELYA, Circuit Judge.

BOWNES, Senior Circuit Judge.

Plaintiff-appellant Michael J. Foley (Foley) appeals from a judgment notwithstanding the verdict after a jury had found in his favor in a negligence action against defendant-appellee Rust International Corp. (Rust). After reviewing the record, we affirm the J.N.O.V.

I.

Foley was injured when he fell from duct work on which he was working while employed at a construction site in Andover,

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