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SNYDER v. MACALUSO

Civ. A. No. 17740.

204 F.Supp. 370 (1962)

Melvin SNYDER, Plaintiff, v. Frank A. MACALUSO and Phillip G. Macaluso, individually and doing business as A. Macaluso Fruit Company, a partnership; and Indiana Refrigerator Lines, Inc., a corporation, Defendants.

United States District Court W. D. Pennsylvania.

May 2, 1962.

Attorney(s) appearing for the Case

John E. Evans, Jr., of Evans, Ivory, & Evans, Pittsburgh, Pa., for plaintiff.

David B. Fawcett, Jr., of Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., for defendant Macaluso.

Fred Egler, of Reed & Egler, Pittsburgh, Pa., for defendant, Indiana Refrigerator Lines, Inc.

MARSH, District Judge.

In this diversity action the jury returned a verdict in favor of the defendants. Plaintiff moved for a new trial assigning the following grounds:1

"1. The verdict was against the weight of the evidence. "2. The verdict was contrary to law. "3. The Court erred in failing to instruct the jury as to the Code of Federal Regulations insofar as it limited defendants' truck driver to an aggregate...

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