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DIXIE-LAND IRON & METAL COMPANY, INC. v. PIEDMONT IRON & METAL COMPANY

No. 76-3355.

583 F.2d 717 (1978)

DIXIE-LAND IRON & METAL COMPANY, INC., Plaintiff-Appellee, v. PIEDMONT IRON & METAL COMPANY and Philip Goldberg, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 6, 1978.

Attorney(s) appearing for the Case

Wm. J. Williams, Augusta, Ga., for Philip Goldberg and N. Cohen.

George R. Ragsdale, Peter M. Foley, Raleigh, N.C., for Piedmont Iron & Metal Co.

Glenville Haldi, Atlanta, Ga., for plaintiff-appellee.

Before BROWN, Chief Judge, TUTTLE and THORNBERRY, Circuit Judges.

PER CURIAM:

After receipt of the record for purpose of the appeal the appellant's counsel learned for the first time that while the jury was deliberating, the Trial Judge responded directly to an inquiry1 from the jury without notifying counsel either as to the fact of inquiry or the answer given.

Considering the Court's charge to the jury there was at least the possibility that the jury in determining the actions of the various...

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