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GILLEN v. PHOENIX INDEMNITY CO.

No. 13781.

198 F.2d 147 (1952)

GILLEN v. PHOENIX INDEMNITY CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 31, 1952.

Attorney(s) appearing for the Case

John A. Dixon, Jr., Harry V. Booth, Shreveport, La., for appellant.

Vernon W. Woods, John M. Madison, Shreveport, La., for appellee.

Before HOLMES, RUSSELL and RIVES, Circuit Judges.

RUSSELL, Circuit Judge.

This appeal questions again the propriety of a judge of a Federal Court in Louisiana, in his instructions to the jury trying an action for the recovery of damages for pain, suffering and personal injury, directing the jury to consider, as a guide for its finding, the quantum of damages which may have been awarded by the State Courts in what the Federal Court determines to be somewhat similar cases which have been tried and determined by the...

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