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Thomas v. Akin Equipment, Inc.

United States Court of Appeals, Fifth Circuit
Nov 7, 1962
309 F.2d 331 (5th Cir. 1962)

Opinion

No. 19725.

November 7, 1962.

Clyde Mason, Memphis, Tenn., for appellant.

James E. Clark, Birmingham, Ala., London, Yancey, Clark Allen, Birmingham, Ala., of counsel, for appellee.

Before RIVES, JONES and BELL, Circuit Judges.


This negligence action was submitted to the jury without a motion for directed verdict and resulted in a verdict for defendant. The trial court denied a motion for new trial. The evidence was conflicting and a jury question was presented. Appellant is bound. Baten v. Kirby Lumber Company, 5 Cir., 1939, 103 F.2d 272; Stokes v. Continental Assurance Co., 5 Cir., 1957, 242 F.2d 893; and Greyhound Corporation v. Dewey, 5 Cir., 1957, 240 F.2d 899.

The judgment is

Affirmed.


Summaries of

Thomas v. Akin Equipment, Inc.

United States Court of Appeals, Fifth Circuit
Nov 7, 1962
309 F.2d 331 (5th Cir. 1962)
Case details for

Thomas v. Akin Equipment, Inc.

Case Details

Full title:Wilbur E. THOMAS, Appellant, v. AKIN EQUIPMENT, INC., et al., Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 7, 1962

Citations

309 F.2d 331 (5th Cir. 1962)

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