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WHALEN v. PHOENIX INDEMNITY COMPANY

No. 15279.

220 F.2d 78 (1955)

Verda Ross WHALEN, Appellant, v. PHOENIX INDEMNITY COMPANY, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 4, 1955.

Attorney(s) appearing for the Case

Whitfield Jack, Shreveport, La. (Booth, Lockard, Jack & Pleasant, Philip Goode, Shreveport, La., of counsel), for plaintiff-appellant.

Vernon W. Woods, Shreveport, La. (Wilkinson, Lewis & Wilkinson, James J. Butler, Shreveport, La., of counsel), for defendant-appellee.

Before HOLMES, RIVES and TUTTLE, Circuit Judges.

Rehearing Denied May 4, 1955. See 222 F.2d 121.

TUTTLE, Circuit Judge.

This is a personal injury action by a five and ten cent store clerk, a citizen of Louisiana, against her employer's insurer, a citizen of New York. The jury returned a verdict for the plaintiff in the amount of $17,500, whereupon the trial court entered a judgment for defendant notwithstanding the verdict on the ground that the evidence was insufficient...

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