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EYRE v. McDONOUGH POWER EQUIPMENT, INC.

No. 83-4731.

755 F.2d 416 (1985)

Margaret EYRE, Individually and as the Natural Tutrix of the minor child, Michael L. Eyre, Plaintiff-Appellant, and South Carolina Insurance Company, Intervenor-Appellant, v. McDONOUGH POWER EQUIPMENT, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 10, 1985.

Attorney(s) appearing for the Case

Davis & Stone, James D. Davis, H. Dillon Murchison, Alexandria, La., Alfred Weisbrod, Troy, Ohio, for plaintiff-appellant.

Steven W. Cook, Alexandria, La., for intervenor-appellant S.C. Ins. Co.

Provosty, Sadler & deLaunay, William H. deLaunay, Jr., Ronald J. Fiorenza, Alexandria, La., for defendant-appellee.

Before GEE, REAVLEY, and RANDALL, Circuit Judges.

GEE, Circuit Judge:

This appeal in a Louisiana diversity case requires us to determine whether the evidence presented at trial was of such a kind and character as to require that the plaintiffs' verdict rendered by the jury be left undisturbed, or whether the trial judge's actions in granting judgment non obstante for the defendant, or in the alternative a new trial, were correct. We reverse the judgment but affirm the granting...

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