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HENRY v. CAGLE

No. 72-2207.

482 F.2d 137 (1973)

Larry HENRY, Plaintiff-Appellant, v. Burton CAGLE et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 13, 1973.

Attorney(s) appearing for the Case

Kelly & Leiderman, Jasper, Tenn., James D. Robinson, Chattanooga, Tenn., for Burton Cagle, Danny Cagle, & Western Surety Co.; Goins, Gammon, Baker & Robinson, Chattanooga, Tenn., on briefs; Jerome C. Ables, South Pittsburg, Tenn., of counsel.

H. H. Gearinger, Chattanooga, Tenn., for plaintiff-appellant.

Before WEICK, EDWARDS and McCREE, Circuit Judges.

EDWARDS, Circuit Judge.

Appellant Henry appeals from a judgment non obstante veredicto entered by a District Judge in the United States District Court for the Eastern District of Tennessee, Southern Division. Appellant had secured jury verdicts totaling $5,500 against defendants-appellees but the District Judge set the verdicts aside, holding that in this civil rights damage action under 42 U.S.C. § 1983 (1970) there were no facts proven from which the...

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