CHIPSER v. KOHLMEYER & CO.

No. 76-4116.

600 F.2d 1061 (1979)

S. John CHIPSER, Plaintiff-Appellant, v. KOHLMEYER & CO., a partnership, and Thomson & McKinnon Auchincloss Kohlmeyer, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 20, 1979.


Attorney(s) appearing for the Case

Ernest L. Potter, Jr., Huntsville, Ala., for plaintiff-appellant.

E. Cutter Hughes, Jr., Huntsville, Ala., for defendants-appellees.

Before RONEY, TJOFLAT and HILL, Circuit Judges.


TJOFLAT, Circuit Judge:

The plaintiff in this action is a speculator in commodities who alleges that the defendant, a brokerage partnership, improperly handled his account. He appeals from the entry against him of a judgment notwithstanding the verdict and the alternative grant of a new trial. We reverse the judgment n. o. v. and send the case back to be tried again. Before reaching the merits, however, we must confirm that we have jurisdiction over this appeal.<...

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