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AMERICAN GLYCERIN CO. v. BURLESON

No. 5423.

30 F.2d 811 (1929)

AMERICAN GLYCERIN CO. v. BURLESON et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 25, 1929.

Attorney(s) appearing for the Case

Harry Tom King and E. M. Overshiner, both of Abilene, Tex. (Kirby, King & Overshiner, of Abilene, Tex., on the brief), for appellant.

J. M. Wagstaff, of Abilene, Tex., and Earl Conner, of Eastland, Tex. (Conner & McRea, of Eastland, Tex., and Wagstaff, Harwell, Wagstaff & Douthit, of Abilene, Tex., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Appellees brought suit in a state court to recover damages alleged to have been caused by the negligence of appellant in shooting an oil well. The suit was removed to the District Court and resulted in a verdict for $26,500, on which judgment was entered.

At the close of the evidence appellant moved for an instructed verdict, to the refusal of which error is assigned.

There was evidence tending to show that appellees were the...

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