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467 F.2d 485

Docket No. 71-2127.

Horrell v. Seminsky

Third Circuit Court of Appeals

Submitted Under Third Circuit Rule 12(6) Oct. 17, 1972.

Decided Oct. 26, 1972.

Third Circuit Court of Appeals · decided 1972-10-26

Cited by 8 later decisions — most recently December 1987

8 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1972-10-26

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¶1John E. Evans, Jr., Evans, Ivory & Evans, Pittsburgh, Pa., for appellant.

¶2Norman J. Cowie, Robert S. Grigsby, Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for appellee.

¶3Before GIBBONS and JAMES RO-SEN, Circuit Judges, and LAYTON, District Judge.

¶4OPINION OF THE COURT

¶5PER CURIAM:

¶6In this diversity wrongful death case the jury, in answer to an interrogatory “Was defendant, Frank Seminsky, negligent?” answered “No.” Judgment was entered accordingly. Plaintiff adminis-tratrix asserts on appeal that the case was submitted to the jury on an improper charge. We have examined each contention as to the charge in the light of the evidence and we find no error. In each particular complained of the charge as given was correct in light of the evidence. The omissions complained of, none of which amount to plain error, were not called to the trial court’s attention. See Rule 51, Fed.R.Civ.Proc. The judgment will be affirmed.

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