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BARON TUBE CO. v. TRANSPORT INSURANCE CO.

No. 22680.

365 F.2d 858 (1966)

BARON TUBE COMPANY, the partnership of Hyman Baron and Jay Baron and Hyman Baron, Individually, Appellants, v. The TRANSPORT INSURANCE COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 3, 1966.

Attorney(s) appearing for the Case

Burt DeRieux, Greene, Neely, Buckley & DeRieux, James A. Eichelberger, Atlanta, Ga., for appellants.

James L. Norton, Tom Alexander, Houston, Tex., Jonathan Day, of Butler, Binion, Rice, Cook & Knapp, Houston, Tex., Tom Rice of Nall, Miller, Cadenhead & Dennis, Atlanta, Ga., of counsel, for appellees.

Before TUTTLE, Chief Judge, BROWN, WISDOM, GEWIN, BELL, THORNBERRY, and COLEMAN, Circuit Judges, En Banc.

GRIFFIN B. BELL, Circuit Judge.

This appeal arises out of a third party negligence action. A jury verdict and judgment thereon was rendered for plaintiffs-appellees in the sum of Seventy-five Thousand Dollars. Appellants moved for judgment notwithstanding the verdict, and in the alternative for a new trial. This appeal is from the order overruling these motions. We affirm.

Plaintiff James W. Lockmiller, a resident...

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