Ruby Conway v. Chemical Leaman Tank Lines, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHNSON, Circuit Judge:
This is the fourth time this diversity action has been before this Court on appeal. This case has been tried before a jury on three different occasions: in June 1974, in January 1977, and in June 1977. The issue in the instant appeal is whether the district court abused its discretion in granting a new trial because the defendant, Chemical Leaman Tank Lines, Inc. (Chemical Lea-man), introduced a surprise expert witness in the second trial. We hold that the district court did not abuse its discretion.
I. Background
This tort action arose when two heavy tank trucks…
2Cases cited15 opinions
- Ruby Conway v. Chemical Leaman Tank Lines, Inc.Court of Appeals for the Fifth Circuit · 1980
- A. A. Spurlin, Surviving Parent of Douglas J. Spurlin, a Minor, Deceased v. General Motors CorporationCourt of Appeals for the Fifth Circuit · 1976
- United States of America, for the Use and Benefit of Weyerhaeuser Company v. Bucon Construction Company, Inc., and Travelers Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1970
- Shelak v. White Motor Co.Court of Appeals for the Fifth Circuit · 1978
- Ruby Conway v. Chemical Leaman Tank Lines, Inc.Court of Appeals for the Fifth Circuit · 1981
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- Incase Incorporated v. Timex CorporationCourt of Appeals for the First Circuit · 2007
- Agustina Perez-Perez v. Popular Leasing Rental, Inc.Court of Appeals for the First Circuit · 1993
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