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ALTRICHTER v. SHELL OIL COMPANY

Civ. No. 1891.

161 F.Supp. 46 (1958)

Frank ALTRICHTER, Plaintiff, v. SHELL OIL COMPANY, Defendant.

United States District Court D. Minnesota, Fifth Division.

April 9, 1958.

Attorney(s) appearing for the Case

Bradford & Kennedy, Charles W. Kennedy, Wadena, Minn., for plaintiff.

Reavill, Jenswold, Neimeyer & Johnson, Joseph B. Johnson, Duluth, Minn., for defendant.

DONOVAN, District Judge.

Diversity of citizenship and the amount of damages sued for make this a federal case. The matter is now before the Court on motion by plaintiff for a new trial.

The case was previously tried to court and jury at the May 1957 Term and plaintiff had a verdict for $27,500. A new trial was granted by the first court, who among other things in his memorandum order said:

"I conclude that...

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