LINEAS AEREAS COLOMBIANAS EXP. v. TRAVELERS FIRE I. CO.

No. 16857.

257 F.2d 150 (1958)

LINEAS AFREAS COLOMBIANAS EXPRESAS, Appellant, v. The TRAVELERS FIRE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 30, 1958.


Attorney(s) appearing for the Case

Claude Pepper, Walter A. Apfelbaum, Miami, Fla., Clarence Brown, Miami, Fla., Pallot, Cassel & Marks, Miami, Fla., for appellant.

David W. Dyer, Miami, Fla., David L. Corbin, New York City, Smathers, Thompson & Dyer, Miami, Fla., Haight, Gardner, Poor & Havens, New York City, of counsel, for appellee.

Before CAMERON, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The question here is whether the District Court, after discharging the deadlocked jury, erred in entering j.n.o.v. on the Insurer's motion, Fed.Rules Civ.Proc. rule 50(b), 28 U.S.C.A., and thus determining as a matter of law that the total loss of a C-46 airplane at Leon, Mexico, June 18, 1955, was not covered under the Insurer's All Risk Hull Policy. Lace,1 the owner and Assured, seeks reversal and...

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