ON PETITION FOR REHEARING
Before BIGGS, Chief Judge, and MCLAUGHLIN, KALODNER, STALEY, HASTIE and SMITH, Circuit Judges.
PER CURIAM.In our original opinion in this case we reversed the judgment of the district court and remanded the case for a new trial for the reason that prejudicial hearsay testimony was erroneously admitted into evidence at the trial. Upon careful reconsideration of the record and the petition for rehearing we adhere to our original view.
The initial points raised by the dissent to this petition are a repetition of plaintiff’s position before us on the original appeal, are based on a restrictive reading of the record and are fully covered in the court opinion. Similarly, reliance on our recent opinion in Roberts v. United States (Union Carbide Corp.), 316 F.2d 489 (1963) is clearly misplaced, for (1) that case is distinguishable on both its facts and decisional basis and (2) defendant’s repeated objections throughout the course of the trial and in its post-trial motions to the admission of this evidence form no basis for a rationale that it “acquiesced” in the erroneous admission.
Petitioner’s request for a partial new trial limited to the liability issue is properly denied. See Romer v. Baldwin, 317 F.2d 919 (3 Cir. 1963); Thompson v. Camp, 167 F.2d 733, 734 (6 Cir.), cert. denied 335 U.S. 824, 69 S.Ct. 48, 93 L.Ed. 378 (1948).
The petition for rehearing will be denied.