Legal Opinion

Ruby Conway v. Chemical Leaman Tank Lines, Inc., the Fidelity & Casualty Company of New York, Intervenor-Appellee

Court of Appeals for the Fifth Circuit

Decided October 18, 1976No. 74-2856PublishedCited by 53 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

(Opinion 1/7/76, 5 Cir., 1976, 525 F.2d 927)

GEE, Circuit Judge:

On rehearing we conclude that we erred in limiting reversal and remand to Mrs. Conway’s judgment and affirming those of the other plaintiffs. All judgments are before us for review, and the erroneous refusal of the district court to permit impeachment of Mrs. Conway’s testimony appears to us, on reconsideration, to infect all recoveries equally. She was a material witness on both liability and all damages issues, those material to the awards recovered by the other plaintiffs as well as her own. As to…

2Cases cited8 opinions

  1. Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
  2. Marmon v. Mustang Aviation, Inc.Texas Supreme Court · 1968
  3. Monarch Insurance Company of Ohio v. May Spach, as Receiver for Ro-Ben, Inc.Court of Appeals for the Fifth Circuit · 1960
  4. Exxon Corporation v. BrecheenTexas Supreme Court · 1975
  5. Compton v. JayTexas Supreme Court · 1965

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3Cited by53 opinions

  1. In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, and Susanna Electra Trivelloni-Lorenzi v. Pan American World Airways, Inc., Ernesto Serio Pampin Lopez, Individually and as Administrator of the Estate of His Deceased Mother Sara E. Lopez De Pampin v. Pan American Airways, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1987
  2. Foster v. StateMississippi Supreme Court · 1987
  3. Peter Joseph Caldarera, Jr., Etc. v. Eastern Airlines, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
  4. Leslie Coleman v. United StatesCourt of Appeals for the Fifth Circuit · 2019
  5. Nellie Woods, as Personal Representative of the Estate of John N. Woods v. Holy Cross HospitalCourt of Appeals for the Fifth Circuit · 1979

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