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TRADERS & GENERAL INSURANCE COMPANY, Appellant, v. Wiley N. McCLARY, Appellee

United States Court of Appeals for the Fifth Circuit1957-02-21No. No. 16353
241 F.2d 462

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CTJRIAM.

This appeal is from a judgment in favor of plai tiff, injured when his truck skidded out f control on a road made slick by oil sp led from another truck, turned over, a d rolled down an embankment. The o ly contentions on appeal are: (1) that the evidence was not sufficient to justif the jurys finding that the oil was spiled by appellants assured; and (2) th4tt the verdict was excessive. Both cont~ntions, purely factual, are so clearly `~,ithout foundatiQn on the present recor4 as to call for no discussion. We are 1ot~ however, satisfied that the appeal w~s sued out merely for delay so as tol call for the award of damages under P~ragraph 2 of Rule 30 of this Court, 28 U.S.C.A.

The judgment is tl~ierefore

Affirmed.