AMERICAN SMELTING & REFINING CO. v. MALOY

No. 13738.

199 F.2d 52 (1952)

AMERICAN SMELTING & REFINING CO. v. MALOY et al.

United States Court of Appeals Fifth Circuit.

September 18, 1952.


Attorney(s) appearing for the Case

James M. Goggin, El Paso, Tex., R. Worth Vaughan, New York City, for appellant.

Carroll W. Smith, El Paso, Tex., Wayne C. Whatley, LaFel E. Oman, William Byron Darden, Las Cruces, N. M., Claude Williams, Dallas, Tex., Ernest Guinn, Eugene T. Edwards, J. L. Rasberry, El Paso, Tex., for appellees.

Before HOLMES, BORAH and RIVES, Circuit Judges.


RIVES, Circuit Judge.

Pursuant to Fed.Rules Civ.Proc. rule 73(b), 28 U.S.C.A., the appellant gave notice of appeal from that portion only of the final judgment awarding recovery with interest and costs to the plaintiff, Rufina Maloy. No appeal was taken from the judgment entered upon a directed verdict in favor of the third party defendant, Bauman Electric and Neon Company, Inc. The judgment of this court reversing and remanding the cause for a new trial is therefore...

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