First Nat. Bank v. Continental Casualty Co.

DAWKINS, District Judge.

This case has been before this court on two former appeals, 5 Cir., 100 F.2d 308, 309 and 5 Cir., 116 F.2d 885, 135 A.L.R. 1141. The nature and issues will not be repeated. In the first instance, the court below had directed a verdict in favor of the Continental Casualty Co., which we reversed, saying [100 F.2d 310]:

“Considering all of the evidence, we are of opinion that the court committed error in instructing the verdict for the appellee, and that the case should have gone to the jury for its determination.”

On the second appeal we found there had been error on two…