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BOEING COMPANY v. SHIPMAN

No. 24588.

411 F.2d 365 (1969)

The BOEING COMPANY, Appellant, v. Daniel C. SHIPMAN, Appellee.

United States Court of Appeals Fifth Circuit.

April 7, 1969.

Attorney(s) appearing for the Case

Harold F. Herring, Lanier, Shover & Herring, Huntsville, Ala., for appellant.

Edgar E. Smith, Huntsville, Ala., for appellee.

Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., Strasburger, Price, Kelton, Martin & Unis, Dallas, Tex., amici curiae.

Samuel Langerman, Phoenix, Ariz., E. Wayne Thode, Salt Lake City, Utah, for American Trial Lawyers Assn.

William M. Howell, Jacksonville, Fla., Jones, Jones & Baldwin, Marshall, Tex., for Florida Defense Lawyers Assn.

James E. Clark, Birmingham, Ala., for Alabama Defense Lawyers Assn.

John Capers, Augusta, Ga., for Georgia Defense Lawyers Assn.

W. F. Goodman, Jr., Jackson, Miss., for Mississippi Defense Lawyers Assn.

Before JOHN R. BROWN, Chief Judge, and RIVES, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON and MORGAN, Circuit Judges, En Banc.

AINSWORTH, Circuit Judge:

The importance of formulating a proper standard in federal court to test the sufficiency of the evidence for submission of a case to the jury, in connection with motions for a directed verdict and for judgment notwithstanding the verdict,1 caused us to place this Alabama diversity personal injury suit en banc.

Shipman, an employee of Boeing, sued his employer for damages under the common law and the Alabama...

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