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PASTERNAK v. ACHORN

Civ. No. 86-0280-B.

680 F.Supp. 447 (1988)

Michael J. PASTERNAK, Plaintiff, v. Sharon ACHORN, Defendant.

United States District Court, D. Maine.

February 25, 1988.

Attorney(s) appearing for the Case

Joseph M. Jabar, Daviau, Jabar & Batten, Waterville, Me., for plaintiff.

John W. McCarthy, Rudman & Winchell, Bangor, Me., for defendant.

MEMORANDUM ORDER GRANTING MOTION IN LIMINE

CYR, Chief Judge.

Plaintiff has filed a motion in limine to preclude evidence of plaintiff's nonuse of a seat belt on the issues of comparative negligence and mitigation of damages. A Maine statute renders such evidence inadmissible. See Me.Rev.Stat.Ann. tit. 29, section 1368-A (1964).1

WHETHER THE COURT SHOULD APPLY STATE LAW

The federal courts which...

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