Cox v. Trans World Airlines, Inc.

R. JASPER SMITH, District Judge.

Plaintiff, under Rule 60(b), Fed.Rules Civ.Proc. 28 U.S.C.A., files a motion for relief from the verdict and judgment entered against him in this Court on October 20, 1955, contending surprise, newly-discovered evidence, and fraud, misrepresentation or other misconduct of the defendant.

Originally, plaintiff instituted this action with a six-count complaint, predicated substantially upon a written agreement dated May 18, 1948, between plaintiff and defendant. Under the terms of the agreement plaintiff leased to the defendant certain tractors and trailers at an…