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SMITH v. JACKSON TOOL & DIE, INC.

No. 27261.

419 F.2d 152 (1969)

John Curtis SMITH et al., Plaintiffs Appellants-Cross Appellees, v. JACKSON TOOL & DIE, INC., et al., Defendants-Appellees-Cross Appellants.

United States Court of Appeals Fifth Circuit.

November 20, 1969.

Attorney(s) appearing for the Case

Bernard W. N. Chill, Jackson, Miss., for appellants.

B. Stirling Tighe, W. Swan Yerger, Jackson, Miss., for appellees; James Leon Young, Jackson, Miss., R. M. Allen, Indianola, Miss., H. Talbot Odom, Greenwood, Miss., of counsel.

Before BROWN, Chief Judge, JONES and CARSWELL, Circuit Judges.

CARSWELL, Circuit Judge:

This case comes to this Court for the second time. In our first decision, we reversed the summary judgments granted below because complicated issues of material fact existed that only a trial could resolve. Jackson Tool & Die, Inc. v. Smith, 339 F.2d 88 (5th Cir. 1964).

Upon remand, the issue before the District Court was whether defendant corporation was liable to plaintiffs under the provisions...

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