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MAYHUE v. ST. FRANCIS HOSP. OF WICHITA, INC.

Nos. 90-3341, 90-3366.

969 F.2d 919 (1992)

Bertha E. MAYHUE, Plaintiff-Appellant and Cross-Appellee, v. ST. FRANCIS HOSPITAL OF WICHITA, INC., Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

July 9, 1992.

Attorney(s) appearing for the Case

James S. Phillips, Jr. of Phillips & Phillips, Chartered, Wichita, Kan., for plaintiff-appellant and cross-appellee.

Alexander B. Mitchell, II of Klenda, Mitchell, Austerman & Zuercher, Wichita, Kan., for defendant-appellee and cross-appellant.

Before MOORE and EBEL, Circuit Judges, and ALLEY, District Judge.

EBEL, Circuit Judge.

In this civil rights action, we examine whether the district court's decision to grant the defendant's motion for a new trial because of the jury's unauthorized use of dictionary definitions during its deliberations constitutes reversible error. We cannot find abuse of discretion on the record before us, and accordingly we affirm the decision of the district court.

I. BACKGROUND

In 1982, Bertha Mayhue, a black woman, brought...

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