Delores Stilwell, Appellant, v. Travelers Insurance Company, Appellee, 345 F.2d 531 (5th Cir. 1965)

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US Court of Appeals for the Fifth Circuit - 345 F.2d 531 (5th Cir. 1965) June 1, 1965

Appeal from the United States District Court for the Northern District of Georgia; Lewis R. Morgan, Judge.

See also 5 Cir., 327 F.2d 931.

John K. Calhoun, Atlanta, Ga., for appellant.

Burt DeRieux and Greene, Neely, Buckley & DeRieux, Atlanta, Ga., for appellee.

Before TUTTLE, Chief Judge, and EDGERTON,*  and SMITH,**  Circuit Judges.


This appeal presents the question whether the trial court abused its discretion in denying a motion for new trial based on alleged newly discovered evidence. In light of the issues presented to the jury and the understanding by the trial court of the circumstances surrounding the trial, we cannot hold that the trial court abused its discretion in its determination that the appellant did not adequately carry the burden of showing that the evidence was more than cumulative and that the proffered new evidence would probably produce a different result.

The judgment is therefore affirmed.


Senior Circuit Judge of the D. C. Circuit, sitting by designation


Of the Third Circuit, sitting by designation