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TAYLOR v. BAIR

No. 26575.

414 F.2d 815 (1969)

Edward TAYLOR et al., Plaintiffs-Appellants, v. Carolyn Marie BAIR et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 20, 1969.

Attorney(s) appearing for the Case

Ernest L. Sample, Gilbert T. Adams, Beaumont, Tex., for appellants.

Howell E. Stone, Henry P. Giessel, John Mustachio, Houston, Tex., Talbert, Giessel, Barnett & Stone, Houston, Tex., for appellees.

Before GOLDBERG and MORGAN, Circuit Judges, and LIEB, District Judge.

GOLDBERG, Circuit Judge:

In this automobile accident case we are faced with the task of ferreting the record to determine whether the district court erred in directing a verdict in favor of the defendant, Mrs. Carolyn Marie Bair. Jury displacement through a directed verdict is a phenomenon only occasionally justified. We find no justification in the case before us.

This tragedy occurred in Beaumont, Texas, on the night of April 28, 1966. The defendant, Mrs...

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