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NICHOLS v. LAND TRANSPORT CORP.

No. 99-2375.

223 F.3d 21 (2000)

Robert G. NICHOLS II, Plaintiff, Appellant, v. LAND TRANSPORT CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 16, 2000.

Attorney(s) appearing for the Case

Graydon G. Stevens, with whom Kelly, Remmel & Zimmerman was on brief, for appellant.

Steven J. Mogul, with whom Gross, Minsky, Mogul & Singal was on brief, for appellee.

Before LYNCH and LIPEZ, Circuit Judges, CYR, Senior Circuit Judge.

LIPEZ, Circuit Judge.

Robert Nichols brought this diversity action in the district court for the District of Maine to recover for personal injuries he suffered in a "road rage" attack by Oscar Gonzalez, a truck driver employed by Land Transport Corp. The parties consented to proceed before a magistrate judge, who granted Land Transport's motion for summary judgment, concluding that under Maine law Gonzalez was not acting within the scope of employment when he attacked...

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