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CALDWELL v. TEXAS INDUSTRIES, INC.

No. 14932.

419 So.2d 86 (1982)

Billy Mack CALDWELL, Plaintiff-Appellant, v. TEXAS INDUSTRIES, INC., d/b/a Louisiana Industries, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied September 24, 1982.

Attorney(s) appearing for the Case

Albert W. Block, Jr., Monroe, for plaintiff-appellant.

Hayes, Harkey, Smith & Cascio, by Thomas M. Hayes, III, Monroe, for defendant-appellee.

Before MARVIN, JASPER E. JONES and FRED W. JONES, JJ.

FRED W. JONES, Jr., Judge.

Plaintiff appeals a district court judgment dismissing his personal injury action after the presentation of his case in chief, pursuant to La. C.C.P. Article 1810(B)1. The following issues are posed on appeal:

(1) Did the trial judge apply the incorrect standard of proof in ruling on the motion for a directed verdict? (2) Even if the trial judge applied the correct evidentiary test, did plaintiff...

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