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HEAD v. TEXAS RAWHIDE PAVING CO.

No. 4941.

22 F.2d 554 (1927)

HEAD v. TEXAS RAWHIDE PAVING CO.

Circuit Court of Appeals, Fifth Circuit.

November 22, 1927.

Attorney(s) appearing for the Case

Mark McMahon, of Fort Worth, Tex. (Cantey, Hanger & McMahon, of Fort Worth, Tex., on the brief), for plaintiff in error.

Hugh B. Smith, of Fort Worth, Tex. (Slay, Simon & Smith and Ogden K. Shannon, Jr., all of Fort Worth, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

PER CURIAM.

A reversal is sought in this case because of the overruling of a motion of the plaintiff in error, the defendant below, "to strike out all of the oral evidence," and because of the action of the court in giving and refusing instructions to the jury. The last-mentioned rulings are not subject to be reviewed, because none of them was excepted to. The above-mentioned motion was made after the admission, without objection, so far as the record shows, of much...

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