Donato v. Parker Pen Co.

GALSTON, District Judge.

The motion to set aside the verdict and for a new trial presents no matters that were not urged either during the trial or after the court’s charge. The court is of the same mind now as then. Accordingly the motion is in all respects denied. I must emphasize, however, that the pain*149staking and meticulous summation of defendant’s counsel was at all times addressed to the sound judgment of the jury and was not in any degree whatsoever either in •content or manner of argument addressed to the emotions of the jury. No unfair comment was made or sought to be made by counsel.

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