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UNION MECHLING CORP. v. CARMADELLE

No. 79-3618 Summary Calendar.

624 F.2d 677 (1980)

UNION MECHLING CORPORATION, Plaintiff-Appellee, v. Nathan CARMADELLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 21, 1980.

Attorney(s) appearing for the Case

Greenberg & Dallam, Nathan Greenberg, Gretna, La., for defendant-appellant.

Lemle, Kelleher, Kohlmeyer & Matthews, William R. Forrester, Jr., New Orleans, La., for plaintiff-appellee.

Before CHARLES CLARK, VANCE and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

The only issue on this appeal is whether the district court abused its discretion when it denied defendant's motion for a new trial based on newly discovered evidence. That motion contained a request that the case be re-opened to permit the introduction of testimony concerning the post-trial issuance to defendant of a barge fleeting permit. The defendant's motion for a new trial was made pursuant to Rule 59 of the Federal Rules of Civil Procedure, and...

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