STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. SMOOT

No. 23789.

381 F.2d 331 (1967)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Harvey Thomas SMOOT, Jr., Appellee.

United States Court of Appeals Fifth Circuit.

July 24, 1967.


Attorney(s) appearing for the Case

Alex A. Lawrence, Robert M. Hitch, Savannah, Ga., Kirk McAlpin, Atlanta, Ga., for appellant, Bouhan, Lawrence, Williams & Levy, Savannah, Ga., of counsel.

Alton D. Kitchings, Savannah, Ga., for appellee.

Before COLEMAN and AINSWORTH, Circuit Judges, and CARSWELL, District Judge.


COLEMAN, Circuit Judge:

There is an old folk saying, the origin of which I know not, that "the third try is the charm". The legal warfare represented by this litigation had its origin nearly twelve years ago; now it is before this Court for the third time. In the most recent trial, the subject of this appeal, the plaintiff-appellee, on a jury verdict, was awarded judgment in the sum of $65,787.60. The Judgment will be affirmed...

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