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ESTATE OF MELUCCI THROUGH MELUCCI v. BROWN

No. 91-1353.

946 F.2d 144 (1991)

ESTATE of Thomas A. MELUCCI, Jr. through Thomas A. MELUCCI, Sr., Plaintiff, Appellant, v. Daniel R. BROWN and Audley Construction Co., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 7, 1991.

Attorney(s) appearing for the Case

John T. Broderick, Jr., with whom Stephen E. Merrill and Merrill & Broderick, Manchester, N.H., were on brief, for plaintiff, appellant.

Edward M. Kaplan, with whom Jeffrey S. Cohen and Sulloway, Hollis & Soden, Concord, N.H., were on brief, for defendants, appellees.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

The question in this diversity action for wrongful death due to an automobile accident essentially boils down to whether plaintiff's case of Cutter v. Town of Farmington, 126 N.H. 836, 498 A.2d 316 (1985), required the court to reach an illogical result, the court holding it did not. We concur. On May 3, 1988, there was an intersection collision between a dump truck, driven by defendant Daniel...

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