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WINSTON v. ROE

Civ. A. No. 1791.

246 F.Supp. 246 (1965)

Frank WINSTON, Administrator of the Estate of Lois Imogene Meade Glenn, deceased, on behalf of Danny Lee Glenn, Janie Glenn and Kathy Glenn, the surviving children of said deceased, Plaintiff, v. Freddie ROE, Bristol, Virginia, Defendant.

United States District Court E. D. Tennessee, Northeastern Division.

On Motion to Reconsider September 16, 1965.

Attorney(s) appearing for the Case

David S. Haynes, Bristol, Tenn., and William H. Cate, Kingsport, Tenn., for plaintiff.

Charles M. Gore, Bristol, Tenn., and Herbert R. Silvers, Greeneville, Tenn., for defendant.

NEESE, District Judge.

This is a removed wrongful death action. A trial by jury resulted in a verdict for the defendant. The plaintiff filed seasonably a motion for the vacation of the judgment herein and the granting of a new trial. Rule 59, Federal Rules of Civil Procedure.

Inter alia, the plaintiff claims that the Court erred in charging contributory negligence, and having thus erred, compounded the error by refusing his request to charge also remote...

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