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Wilbur E. THOMAS, Appellant, v. AKIN EQUIPMENT, INC., et al., Appellee

United States Court of Appeals for the Fifth Circuit1962-11-07No. No. 19725
309 F.2d 331

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Opinion

majority opinion

PER CURIAM.

This negligence action was submitted to the jury without a motion for directed verdict and resulted in a verdict for defendant. The trial court denied a motion for new trial. The evidence was conflicting and a jury question was presented. Appellant is bound. Baten v. Kirby Lumber Company, 5 Cir., 1939, 103 F.2d 272; Stokes v. Continental Assurance Co., 5 Cir., 1957, 242 F.2d 893; and Greyhound Corporation v. Dewey, 5 Cir., 1957, 240 F.2d 899. The judgment is

Affirmed.