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SIMMONS v. CITY STORES COMPANY

No. 25542.

412 F.2d 897 (1969)

Katherine SIMMONS, Appellant, v. CITY STORES COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

June 12, 1969.

Attorney(s) appearing for the Case

Edward L. Hardin, Jr., Birmingham, Ala., for appellant.

Evans Dunn, Jack B. Porterfield, Jr., Birmingham, Ala., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

The single issue in this case is controlled by Boeing Co. v. Shipman, 411 F.2d 365 (5th Cir. 1969). Under Boeing both the district court in the first instance and this court on review are to judge the propriety of a directed verdict (or judgment n. o. v.) by determining whether there is "a conflict in substantial evidence." 411 F.2d at 375.

If the facts...

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