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COLONIAL REFRIGERATED TRANSPORTATION, INC. v. MITCHELL

No. 25158.

403 F.2d 541 (1968)

COLONIAL REFRIGERATED TRANSPORTATION, INC., et al., Appellants, v. George P. MITCHELL et al., Appellees. George P. MITCHELL et al., Appellees, v. COLONIAL REFRIGERATED TRANSPORTATION, INC., et al., Appellants.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 12, 1968.

Attorney(s) appearing for the Case

L. Keith Simmer, Fred M. Lange, Houston, Tex., Maurice F. Bishop, Birmingham, Ala., for appellants, Colonial Refrigerated Transportation, Inc., and others; Fullbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., of counsel.

William Emerson Wright, Houston, Tex., for cross-appellants, George P. Mitchell and others; Butler, Binion, Rice, Cook & Knapp, Houston, Tex., of counsel.

Before COLEMAN and GODBOLD, Circuit Judges, and RUBIN, District Judge.

RUBIN, District Judge:

The plaintiffs filed suit in a Texas state court contending that the defendants had fraudulently deceived them. Following removal of the case to federal court and a lengthy trial, the jury found for the plaintiffs. The defendants seek a new trial, complaining that the trial court made two errors in ruling on the admissibility of evidence. The plaintiffs, in turn, cross appeal, complaining of the trial court's refusal to award them pre-judgment...

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