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JONES v. CONCRETE READY-MIX, INC.

No. 71-3247.

464 F.2d 1323 (1972)

William Ray JONES, Plaintiff-Appellant, v. CONCRETE READY-MIX, INC., and W. C. Allred, Defendants-Appellees, Liberty Mutual Insurance Company, Intervenor.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 12, 1972.

Attorney(s) appearing for the Case

Jacob D. Guice, Thomas J. Wiltz, Rushing & Guice, Biloxi, Miss., for plaintiff-appellant.

George E. Morse, Gulfport, Miss., Scott Tennyson, Tennyson & Britt, Jackson, Miss., White & Morse, Gulfport, Miss., for defendants-appellees.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 12, 1972.

GOLDBERG, Circuit Judge:

This diversity case, which arose from a vehicular collision at a highway intersection in Ocean Springs, Mississippi, once again places before us the task of drawing the proper line of demarcation delimiting the role of the jury in civil suits. Although recognizing the standard of Boeing Co. v. Shipman, 5 Cir. 1969, 411 F.2d 365, the trial judge...

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