A. A. Spurlin, Serviving Parent of Douglas J. Spurlin, a Minor, Deceased, Plaintiffs,-Appellants v. General Motors Corporation

Upon consideration of General Motors’ petition for rehearing, we think it appropriate to add the following to our opinion in this case. First of all, it is true that an appellee is under no obligation to take a cross-appeal if he wishes to offer alternative bases, other than those employed by the district court, to support the judgment entered below. 9 J. Moore, Federal Practice, H 204.11[3], at 932. Nevertheless, as we have stated, the appellee in this case based its argument on appeal almost exclusively 1 on the insufficiency of the evidence to sustain the jury’s verdict.

Appellant has,…