MOORE v. MISSOURI PACIFIC RAILROAD COMPANY

No. 17483.

264 F.2d 754 (1959)

J. A. MOORE and Farris Antoine, Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 5, 1959.


Attorney(s) appearing for the Case

James A. Copeland, George L. Schmidt, Maurice M. Davis, Houston, Tex., Jacobs, Davis & Schmidt, Houston, Tex., of counsel, for appellants.

Howard S. Hoover, Houston, Tex., Hutcheson, Taliaferro & Hutcheson, Houston, Tex., Arterbury, Hoover & Graham, Houston, Tex., Carroll R. Graham, Houston, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.


HUTCHESON, Chief Judge.

Plaintiffs below, Moore and Antoine, respectively passenger conductor, and trainman and passenger porter, brought separate suits for damages under Texas law for wrongful discharge. The case proceeding to trial before a judge and jury, evidence was taken and, subject to defendant's motion for directed verdict, the case was sent to the jury on a general charge, to which defendant took no exception and plaintiffs took none except in respect to...

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