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THOMAS v. PEERLESS MATTRESS COMPANY

No. 8167.

284 F.2d 721 (1960)

Robert J. THOMAS, Administrator of the Estate of William Joseph Martin, Jr., deceased, Appellee. v. PEERLESS MATTRESS COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 22, 1960.

Attorney(s) appearing for the Case

Julian B. Salley, Jr., Aiken, S. C. (Henderson, Salley & Cushman, Aiken, S. C., on brief), for appellant.

John W. Thomas, Columbia, S. C. (Percy Brown, Jr., Ogden, Brown, Robertson & Marshall, Louisville, Ky., and Roberts, Jennings, Thomas & Lumpkin, Columbia, S. C., on brief), for appellee.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and STANLEY, District Judge.

HAYNSWORTH, Circuit Judge.

After a verdict for the defendant in the first trial of this tort action, the District Judge ordered a new trial because of an improper communication by a deputy marshal to the foreman of the jury. At the second trial there was a verdict for the plaintiff upon which judgment was entered. On this appeal from the final adverse judgment, the defendant complains only of the order granting a new trial...

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