Opinion
No. 10982.
Argued March 9, 1967.
Decided April 3, 1967.
Appeal from the United States District Court for the Southern District of West Virginia, at Huntington; Sidney L. Christie, Judge.
See also D.C., 234 F. Supp. 283; D.C., 236 F. Supp. 96.
Harry Alan Sherman, Pittsburgh, Pa. (Chad W. Ketchum, Huntington, W. Va., on brief), for appellant.
Harold R. Schmidt, Pittsburgh, Pa. (R. Gregory McNeer, Huntington, W. Va. and Anthony J. Polito, Pittsburgh, Pa., Campbell, McNeer, Woods, Bagley Emerson, Huntington, W. Va., and Rose, Schmidt Dixon, Pittsburgh, Pa., on brief), for appellee.
Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and SIMONS, District Judge.
In this appeal from a judgment entered upon the verdict of a jury, we find an adequate basis for the jury's factual determination. It was not bound to accept uncritically the plaintiff's testimonial claim.
We find no merit in the other contentions of trial error.
Affirmed.