E. L. CHEENEY COMPANY v. GATES

No. 21768.

346 F.2d 197 (1965)

E. L. CHEENEY COMPANY and Edmon Lewis Fregia, Appellants, v. Walter L. GATES, Jr., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearings Denied July 13, 1965.


Attorney(s) appearing for the Case

George A. Weller, Beaumont, Tex., J. C. Zbranek, Liberty, Tex., Marcus & Weller, Beaumont, Tex., for appellant, E. L. Cheeney Co.

Gilbert T. Adams, Adams & Browne, Beaumont, Tex., by Roger Ratliff, Colorado City, Tex., for appellee, Walter L. Gates, Jr.

Before HUTCHESON and BROWN, Circuit Judges, and KILKENNY, District Judge.


JOHN R. BROWN, Circuit Judge.

Nothing startling, nor for that matter new, is either in or comes out of this diversity automobile collision damage suit in which we are Erie-Texas bound. As a matter of Federal Court judicial administration, the excursion proves once again, however, the wisdom of using the F.R.Civ.P. 49(a) mechanism of special interrogatories with a general charge for jury submission. Had they been used...

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