Beruflich Dokumente
Kultur Dokumente
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No. 96-1853
JAMES MACFARLANE,
Plaintiff, Appellant,
v.
Defendants, Appellees.
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____________________
Before
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Jennifer L. Murphy,
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and
Wadleigh, Sta
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Per Curiam.
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James
MacFarlane appeals
of the motion by
Julia M.
from
the
appellees, Edgar D.
of
court
R. Civ. P. 50(a).
reasonable
jury
malpractice case.
district
could
find
in
this
legal
court's exclusion
witnesses.
causation
of
one
of
appellant's
expert
pursuant
We
have
carefully
reviewed
the
evidence
and
the
favorable to MacFarlane.
F.3d 731,
735 (1st
Cir. 1994).
As the
governing standard
requires,
we
have
not
considered
the
weight of evidence.
See id.
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causation
to
credibility
of
or evaluated the
Applying plenary
review to the
evidence of
No reasonable
breaches
MacFarlane
of
duty
identified
by
for the
MacFarlane's
expert,
a more favorable
Specifically, in the
-3-
result in
absence of evidence
regarding
the contents
of the
mortgage application,
Beryl
of
those circumstances,
would have
to
the jury
been required
about
what
question
might have
as to the
occurred
fails
to
"Speculation
create
jury
by plaintiff."
Tanner
______
24
F.3d 874,
878 (6th
Cir.
1994).
"[T]he
court
has
broad
discretionary
determining whether or
by
experience,
'knowledge, skill,
Fed.
R. Evil.
702."
Bogosian
________
v.
powers
is qualified
training or
education.'
Mercedes-Benz of North
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court
did not
abuse that
in
discretion
The trial
in excluding
Roberta
that part
of MacFarlane's
appeal that
seeks to
vacate the
The
judgment
defendants' motion
of
the
for
judgment
affirmed.
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district
as
court,
a matter
of
granting
law,
is