HERRING v. KENNEDY-HERRING HARDWARE COMPANY


265 F.2d 222 (1959)

A. D. HERRING, Appellant, v. KENNEDY-HERRING HARDWARE COMPANY, Inc., Appellee.

United States Court of Appeals Sixth Circuit.

March 13, 1959.


Attorney(s) appearing for the Case

Wagner & Weeks, Chattanooga, Tenn., for appellant.

J. F. Wheless, Chattanooga, Tenn., for appellee.

Before SIMONS, ALLEN, and MILLER, Circuit Judges.


PER CURIAM.

Following the views expressed by this Court in A. D. Herring v. Kennedy-Herring Hardware Company, Inc., 6 Cir., 261 F.2d 202, the District Judge proceeded as therein directed, and has now certified to this Court that in his opinion this case should be remanded to the District Court for the granting of a new trial.

Accordingly, it is now ordered that so much of appellant's motion of October 27, 1958, as asks that...

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