McPHERSON v. TAMIAMI TRAIL TOURS, INC.

No. 23452.

383 F.2d 527 (1967)

Reverend Negil L. McPHERSON, Appellant, v. TAMIAMI TRAIL TOURS, INC. and Ned C. Boutwell, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 18, 1967.

Rehearing Denied October 18, 1967.


Attorney(s) appearing for the Case

Howard Moore, Jr., Atlanta, Ga., Jack Greenberg, James M. Nabrit, III, Michael Meltsner, Charles Stephen Ralston, New York City, for appellant.

Melburne D. McLendon, Bryan, Carter, Ansley & Smith, Atlanta, Ga., for appellees.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and BREWSTER, District Judge.


Rehearing En Banc Denied October 18, 1967.

TUTTLE, Chief Judge:

This is an appeal from a denial of motions for directed verdict and for judgment notwithstanding the verdict or, in the alternative, for a new trial in a civil action for damages brought in the District Court for the Northern District of Georgia.

As the appellant recognizes, he has a heavy burden to carry when seeking to have an issue of negligence withdrawn from the jury in the Federal...

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