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ROSSANO v. BLUE PLATE FOODS, INC.

No. 19606.

314 F.2d 174 (1963)

Anthony J. ROSSANO, Jr., b/n/f Anthony J. Rossano, Sr., Appellant, v. BLUE PLATE FOODS, INC., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 22, 1963.

Attorney(s) appearing for the Case

Vincent P. McCauley, Columbus, Ga., for appellant.

Albert W. Stubbs, Hatcher, Smith, Stubbs & Rothschild, Columbus, Ga., for Blue Plate Foods, Inc., appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and CARSWELL, District Judge.

CARSWELL, District Judge.

In the course of normal pretrial procedure, the District Court ordered this automobile negligence action to go to the jury on the limited issue of agency, leaving other issues of proximate cause, injury, and damages for later determination. In doing so the Court invoked the provisions of Rule 42(b), Federal Rules of Civil Procedure, which reads:

"(b) Separate Trials. The court in furtherance of convenience or to avoid prejudice may...

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