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NMS INDUSTRIES, INC. v. PREMIUM CORP. OF AMERICA., INC.

No. 30739.

451 F.2d 542 (1971)

NMS INDUSTRIES, INC., d/b/a J. A. Olson Company, Plaintiff-Appellee, v. PREMIUM CORPORATION OF AMERICA, INC., Defendant, Gold Crown Stamp Company, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 24, 1971.

Attorney(s) appearing for the Case

William H. Roberson, Porter W. Peteet, Greenwood, Miss., for defendant-appellant.

William Liston, Winona, Miss., George H. Redding, Jr., Chicago, Ill., for plaintiff-appellee.

Before TUTTLE, WISDOM and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

This was a diversity action removed from the Chancery Court of Montgomery County, Mississippi. The critical issue in this appeal concerns the court's charge to the jury upon the issues of agency and ratification. The jury returned a verdict for the plaintiff. The defendant Gold Crown timely filed its motion for stay of execution, motion for judgment n. o. v. and motion for new trial. It is the motion for new trial that we believe to be meritorious...

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