Thibaut v. CAR & GENERAL INS. CORPORATION, LIMITED
| Decision Date | 21 April 1950 |
| Docket Number | No. 13009.,13009. |
| Citation | 181 F.2d 494 |
| Parties | THIBAUT et al. v. CAR & GENERAL INS. CORPORATION, LIMITED. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Calvin E. Hardin, Jr., Baton Rouge, La., Kermit B. Guidroz, Baton Rouge, La., for appellant.
William A. Porteous, Jr., New Orleans, La., Robert L. A. Indest, New Orleans, La., for appellee.
Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.
When this case was last here we sent it back with directions that judgment be entered for defendant but with authority, however, to grant a new trial if so advised. 5 Cir., 161 F.2d 657. This procedure was merely a remand with directions to enter judgment subject to the trial judge's discretion in determining whether he would refuse or grant a new trial and having been submitted to his discretionary jurisdiction his order is not appealable.
The appeal is dismissed.
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...and A. Miller, Federal Practice and Procedure § 2818 at 116; 6A Moore's Federal Practice ¶ 59.15 at 59-267. See Thibaut v. Car and General Ins. Corp., 5th Cir. 1950, 181 F.2d 494. Therefore we must dismiss the Government's first appeal for lack of an appealable III. In the Government's seco......