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DIERKS LUMBER & COAL CO. v. MABRY

No. 12214.

128 F.2d 1005 (1942)

DIERKS LUMBER & COAL CO. v. MABRY.

Circuit Court of Appeals, Eighth Circuit.

July 8, 1942.

Attorney(s) appearing for the Case

Charles E. Whittaker, of Kansas City, Mo. (Scott Wood and E. H. Wootton, both of Hot Springs, Ark., and Watson, Ess, Groner, Barnett & Whittaker, of Kansas City, Mo., on the brief), for appellant.

Lee Cazort, Jr., of Little Rock, Ark. (Osro Cobb, of Little Rock, Ark., on the brief), for appellee.

Before STONE, SANBORN, and THOMAS, Circuit Judges.

SANBORN, Circuit Judge.

The appellant (defendant) has challenged the validity of a judgment for the appellee (plaintiff) entered upon the verdict of a jury in an action to recover damages for personal injuries alleged to have been sustained by the plaintiff as the result of the negligence of the defendant. The defendant asserts that the court erred in denying its motion for a directed verdict and its subsequent motion for judgment notwithstanding the verdict. The...

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