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ELLERD v. GRIFFITH

No. 5407.

29 F.2d 402 (1928)

ELLERD v. GRIFFITH et al.

Circuit Court of Appeals, Fifth Circuit.

November 27, 1928.

Attorney(s) appearing for the Case

Reuben M. Ellerd, of Phœnix, Ariz. (W. T. Brothers, of Amarillo, Tex., on the brief), for appellant.

Allen R. Grambling, of El Paso, Tex. (John F. Weeks, of Odessa, Tex., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This case is here on appeal for the second time. Its nature and the issues involved in it are fully stated in the opinion of Judge Walker on the first appeal (C. C. A.) 22 F.2d 793. In the second trial, which is sought to be reviewed by this appeal, the same issues were submitted to the jury, and judgment was entered on their verdict for appellees. Before the second trial was begun, appellees filed a trial amendment...

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