County of Maricopa of State of Arizona v. Maberry

555 F.2d 207 COUNTY OF MARICOPA OF the STATE OF ARIZONA, a body politic, Defendant-Appellant, v. Wilbur L. MABERRY and Dorothy E. Maberry, husband and wife, surviving mother and father of Samuel Lee Maberry, Deceased, Plaintiffs-Appellees. No. 74-2928. United States Court of Appeals, Ninth Circuit. Jan. 17, 1977. As Amended on Denial of Rehearing and Rehearing En Banc May 2, 1977. Daniel Cracchiolo (argued) of Burch, Cracchiolo, Levie, Guyer & Weyl, Phoenix, Ariz., for defendant-appellant. Kenneth Rosengren (argued), Phoenix, Ariz., for plaintiffs-appellees. On Appeal from the United States District Court for the District of Arizona. Before BARNES, KILKENNY and WALLACE, Circuit Judges. BARNES, Senior Circuit Judge: 1 Appellant has two strings to its bow on this appeal. The first is the alleged error in instructing the jury on the last clear chance doctrine, and the second is the alleged misconduct of counsel for appellees. 2 Some discussion of the facts relating to each alleged error is necessary to understand the legal question urged. We attempt to summarize these facts in the margin, on the Last Clear Chance instruction issue, 1 and on the Misconduct of Counsel issue in the…