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338 F.2d 336
EMPLOYERS CASUALTY COMPANY, Appellant,
v.
August E. DUPAQUIER, Appellee.No. 21232.
United States Court of Appeals Fifth Circuit.
Nov. 20, 1964.
Leonard B. Levy, Michael Osborne, and Dufour, Levy, Marx & Lucas, New Orleans, La., for appellant.
David R. Normann and Normann & Normann, New Orleans, La., for appellee.
Before TUTTLE, Chief Judge, JONES and ANDERSON,1 Circuit Judges.
PER CURIAM.
1Such inconsistencies as existed between the answer to the special interrogatory and the jury's general verdict were apparent in ample time for appellant to have moved for resubmission to the jury. Upon failure of the party to move the Court to resubmit the case, it was not error for the Court to reconcile the answer with the verdict as it did. See Jefferson v. Taiyo Katun, 5 Cir. 1962, 310 F.2d 582. 5 Moore, Fed. Prac. P49.04 at p. 2211.
2The judgment is affirmed.
1Of the Second Circuit, sitting by designation
Document Info
Docket Number: 21232
Citation Numbers: 338 F.2d 336
Judges: Anderson, Jones, Per Curiam, Tuttle
Filed Date: 11/20/1964
Precedential Status: Precedential
Modified Date: 8/4/2023