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NATIONAL CAR RENT. SYS., INC. v. BETTER MONKEY GRIP CO.

No. 74-1473.

511 F.2d 724 (1975)

NATIONAL CAR RENTAL SYSTEM, INC., Plaintiff-Appellee-Cross-Appellant, v. BETTER MONKEY GRIP COMPANY and Wilco Truck Rental, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 25, 1975.

Attorney(s) appearing for the Case

Herbert S. Bonney, Jr., Robert A. Stripling, Jr., Dallas, Tex., for Better Monkey Grip.

Stephen E. Blythe, Dallas, Tex., Frank Ingraham, Nashville, Tenn., for Wilco Truck.

Ralph W. Currie, Dallas, Tex., for plaintiff-appellee.

Before BELL, AINSWORTH and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This is a Texas diversity suit on a written contract. Trial was to a jury on special interrogatories covering various theories advanced by the parties. After the jury answered the special interrogatories, defendants filed a motion for judgment based on these verdicts, while plaintiff filed a motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. The district court reviewed the evidence presented at trial, re...

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