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BAKER v. CESTARI

Civ. No. 83-303-D.

569 F.Supp. 842 (1983)

Donald E. BAKER v. Mario CESTARI.

United States District Court, D. New Hampshire.

September 8, 1983.

Attorney(s) appearing for the Case

Donald E. Baker, pro se.

Robert A. Stein, Concord, N.H., for defendant.

ORDER

DEVINE, Chief Judge.

May one not called as a trial witness be required to respond in money damages to an unsuccessful litigant for failure to preserve evidence favorable to such litigant? That is the question posed at this stage of this lawsuit.1 For reasons hereinafter detailed, it must be answered in the negative. The salient facts2 are as follows.

On July 13, 1979, in Stratham, New...

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