Sinclair Refining Co. v. Southern Coast Corp.

HOLMES, Circuit Judge.

This is the second appeal of this case; our former opinion is reported in 181 F. 2d 960. On the first appeal, the cause was remanded for determination of the issue of fact as to whether the Sinclair Prairie Oil & Gas Company (not a party litigant) was in fact a gas pipe line distributing company, which issue was sought to be raised by appellee by an amendment to its pleadings. On remand, the amendment was made, a second trial was had, and the court submitted the following special issues to a jury with the result stated:

“Question No. 1: Do you find from a preponderance of…