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POSTON v. DIXIE OHIO EXP. CO.

No. 12894.

177 F.2d 301 (1949)

POSTON et al. v. DIXIE OHIO EXP. CO. et al.

United States Court of Appeals Fifth Circuit.

October 28, 1949.

Attorney(s) appearing for the Case

Frank M. Gleason, Rossville, Ga., Silver S. Squarcia, Miami, Fla., for appellants.

A. Walton Nall, Atlanta, Ga., Dean Owens, Rome, Ga., for appellees.

Before HUTCHESON, HOLMES and SIBLEY, Circuit Judges.

PER CURIAM.

When this case1 was here before it was on the appeal of Dixie Ohio Express Company and American Fidelity and Casualty Company. After the going down of our mandate, in which we ordered a new trial, appellants here, plaintiffs in the court below, "moved the court to enter an order for a new trial in accordance with the mandate". The district judge ordered a new trial as to Dixie Ohio Express Company and American Fidelity and...

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