Citations
- 181 F.2d 494
Full opinion text
PER CURIAM. 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 triál 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.