MONSANTO CHEMICAL COMPANY v. PAYNE

No. 21900.

354 F.2d 965 (1966)

MONSANTO CHEMICAL COMPANY, Appellant, v. Edwin R. PAYNE, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 23, 1966.


Attorney(s) appearing for the Case

John N. Touchstone, Houston, Tex., for appellant.

George E. Pletcher, Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, COLEMAN, Circuit Judge, and HUNTER, District Judge.


COLEMAN, Circuit Judge:

This is a diversity action for the recovery of damages alleged to have been sustained as a proximate result of negligence of the defendant. At the close of plaintiff's proof, the trial court denied defendant's motion for a directed verdict. The defendant thereafter offered no proof, but renewed the prior motion, which was again over-ruled. There was a jury verdict for the plaintiff and judgment accordingly. The trial court then denied motions...

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