Legal Opinion
Katherine Simmons v. City Stores Company
Court of Appeals for the Fifth Circuit
Decided June 12, 1969No. 25542PublishedCited by 5 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
The single issue in this case is controlled by Boeing Co. v. Shipman, 411 F.2d 365 (5th Cir. 1969). Under Boeing both the district court in the first instance and this court on review are to judge the propriety of a directed verdict (or judgment n. o. v.) by determining *898whether there is “a conflict in substantial evidence.” 411 F.2d at 375.
If the facts and inferences point so strongly and overwhelmingly in favor of one party that the Court believes that reasonable men could not arrive at a contrary verdict, granting of the motions is proper. On the other hand, if there…
2Cases cited2 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1950
3Cited by5 opinions
- Mary Kicklighter v. Nails by Jannee, Inc., Mary Kicklighter v. Nails by Jannee, Inc., and Third-Party v. Kay-See Dental Manufacturing Co., Third-PartyCourt of Appeals for the Third Circuit · 1980
- Bell v. Westinghouse Electric Corp.District of Columbia Court of Appeals · 1984
- Otis Scott v. White Trucks, and Great Atlantic & Pacific Tea Company, Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1983
- Sandra I. Londono and Jessica Londono v. Washington Metropolitan Area Transit Authority v. Westinghouse Electric CorporationCourt of Appeals for the D.C. Circuit · 1985
- Katherine Simmons v. City Stores CompanyCourt of Appeals for the Fifth Circuit · 1969