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LEGER v. WESTINGHOUSE ELECTRIC CORPORATION

No. 72-3411.

483 F.2d 428 (1973)

Mrs. Yvonne Reed LEGER, Individually and as tutrix of her minor children, et al., Plaintiffs-Appellants, v. WESTINGHOUSE ELECTRIC CORPORATION and Liberty Mutual Insurance Company, Defendants-Third Party Plaintiffs-Appellees, v. CITIES SERVICE OIL COMPANY et al., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 28, 1973.

Attorney(s) appearing for the Case

W. D. Atkins, Jr., Lafayette, La., for plaintiffs-appellants.

W. R. Tete, Lake Charles, La., for Cities Service & Ins. Co. of N. A.

Meredith T. Holt, Edmund E. Woodley, Lake Charles, La., for Kellog.

A. Lane Plauche, Lake Charles, La., for Transformer.

James J. Davidson, Jr., Robert M. Mahony, Lafayette, La., for appellees.

Reginald W. Farrar, Jr., Lake Charles, La., for Westinghouse Elec. Corp. and Liberty Mutual Ins. Co.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Conversations between a juror and the defendant insurance company's representative during trial recess require this jury verdict to be set aside under United States v. Barfield, 359 F.2d 120 (5th Cir. 1966), unless the District Court was correct in holding that the evidence was insufficient to present a jury question. Holding that there was sufficient evidence for a jury issue, we reverse.

Joseph D. Leger...

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