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AUDIRSCH v. TEXAS & PACIFIC RY. CO.

No. 13608.

195 F.2d 629 (1952)

AUDIRSCH et al. v. TEXAS & PACIFIC RY. CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 15, 1952.

Attorney(s) appearing for the Case

Whitfield Jack, Shreveport, La., for appellants.

Charles D. Egan, Shreveport, La., for appellee.

Before SIBLEY, RUSSELL, and RIVES, Circuit Judges.

RIVES, Circuit Judge.

In this railroad crossing case, when the district judge denied the defendant's motion for a directed verdict at the close of the evidence, he was deemed to have submitted the case to the jury subject to a later determination of the legal questions raised by the motion. F.R.C.P. 50(b), 28 U.S.C.A. After the jury had returned a verdict for the plaintiff, the judge granted the defendant's motion for judgment notwithstanding

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