SHEPPARD FEDERAL CREDIT UNION v. PALMER

No. 25923.

408 F.2d 1369 (1969)

SHEPPARD FEDERAL CREDIT UNION, Appellant, v. Michael A. PALMER, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing and Rehearing Denied April 23, 1969.


Attorney(s) appearing for the Case

Robert M. Helton, Donald E. Short, Wichita Falls, Tex., for appellant.

Charlye O. Farris, Wichita Falls, Tex., for appellee.

Before GEWIN, PHILLIPS and GOLDBERG, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 23, 1969.

GEWIN, Circuit Judge:

Subsequent to the oral argument in this case, the court's study of the record disclosed what appeared to be an erroneous allocation of burden of proof. Since the parties had not argued the point, the court requested and received from the parties supplemental briefs addressed to the questions (1) whether the district court had erred in its instruction to the jury on burden of proof...

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