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ALABAMA GREAT SOUTHERN R. CO. v. McVAY

No. 51653.

381 So.2d 607 (1980)

ALABAMA GREAT SOUTHERN RAILROAD COMPANY and the Southern Railway Company v. Burl H. McVAY, d/b/a McVay Oil Company.

Supreme Court of Mississippi.

Rehearing Denied April 2, 1980.

Attorney(s) appearing for the Case

Roberts & Easterling, M.M. Roberts, Hattiesburg, for defendants-appellants.

Zachary & Gillespie, Dave A. Matison, III, Hattiesburg, for plaintiff-appellee.

Before PATTERSON, C.J., and BROOM and COFER, JJ.

PATTERSON, Chief Justice, for the Court:

Burl McVay obtained a verdict in the Circuit Court of Forrest County for $9,196.86 against the Alabama Great Southern Railroad Company and the Southern Railway Company for diesel fuel he had delivered to them. The Court entered a $9,196.86 judgment for McVay. However, when Southern thereafter moved for judgment notwithstanding the verdict, the court, upon reconsidering its previous denial of a peremptory instruction in favor...

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