No. 74-1733.

514 F.2d 1277 (1975)

Anne Russell GILBERT, etc., Plaintiff-Appellant-Cross Appellee, v. The ST. LOUIS-SAN FRANCISCO RAILROAD COMPANY, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

June 20, 1975.

Attorney(s) appearing for the Case

William J. Donald, Tuscaloosa, Ala., Roscoe B. Hogan, Birmingham, Ala., for plaintiff-appellant-cross appellee.

L. Vastine Stabler, Jr., W. Stancil Starnes, Birmingham, Ala., for defendant-appellee-cross appellant.

Before GIBSON, THORNBERRY and AINSWORTH, Circuit Judges.

THORNBERRY, Circuit Judge:

In this diversity appeal the numerous assignments and cross-assignments which are properly presented for review reduce down to two issues: (1) whether the record contains substantial evidence so that the district judge correctly overruled the defendant's motions for instructed verdict and judgment NOV; and (2) whether the plaintiff has made the requisite showing of abuse of discretion by the trial judge in his conditioning of denial of defendant...

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