WILSON v. BAILEY

No. 5792.

257 F.2d 352 (1958)

Thomas L. WILSON, Administrator of the Estate of Mary Carolyn Singleton, deceased; Thomas L. Wilson, Administrator of the Estate of Joselyn Singleton, deceased; Thomas L. Wilson, Administrator of the Estate of Al Jerome Singleton, deceased; Thomas L. Wilson, Administrator of the Estate of Lilly Mae Clark, deceased; Thomas L. Wilson, Administrator of the Estate of Harriett Smith, deceased, Appellants, v. Cline BAILEY and Ralph J. Riley, Appellees.

United States Court of Appeals Tenth Circuit.

June 20, 1958.


Attorney(s) appearing for the Case

Joseph L. Smith, Henry A. Kiker, Jr., Waldo Spiess and Oscar H. Beasley, Albuquerque, N. M., for appellants.

James R. Toulouse (of McAtee, Toulouse & Marchiondo), Albuquerque, N. M., for appellees.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.


LEWIS, Circuit Judge.

After a jury had awarded judgments in separate and varying amounts to the administrator of the estates of five persons killed in a highway accident in New Mexico, the United States District Court for the District of New Mexico granted the motion of appellees, defendants below, for a directed verdict and in the alternative for a new trial. Such procedure is admittedly proper under Rule 50(b), Federal Rules of Civil Procedure, 28 U.S.C.A. Readnour...

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