opinion: DEEN v. HICKMAN, CHIEF JUSTICE, SUPREME COURT OF TEXAS, et al.
  No. 133,
  Misc.
  Decided October 27, 1958.
  David C. McCord and Robert Lee Guthrie for petitioner.
  Luther Hudson for the Gulf, Colorado & Santa Fe Railway Co., respondent.
  Per Curiam.
  In Deen v. Gulf, Colorado & Santa Fe R. Co., 353 U. S. 925, this Court, having held “that the proofs justified with reason the jury’s Conclusion that employer negligence played a part in producing the petitioner’s injury,” reversed the judgment of the Texas Court of Civil Appeals. On remand, that court held that the question of negligence was foreclosed by this Court’s decision and affirmed a judgment in favor of the petitioner on condition that petitioner accept a remittitur. On review, the Texas Supreme Court remanded the case to the Court of Civil Appeals “with directions ... to adjudicate, upon its own independent evaluation of the evidence and wholly apart from the judgment of the Supreme Court of the United States, whether or not the jury finding of negligence of the defendant ... is so against the weight and preponderance of the evidence as to require a new trial in the interest of justice, and, upon the basis of its said adjudication, to either affirm the judgment of the trial court or grant a new trial.” The determination of that issue was foreclosed by Deen v. Gulf, Colorado & Santa Fe R. Co., supra. The motion for leave to file a petition requesting this Court to mandamus the Texas Supreme Court to conform its decision to our mandate in that case is granted. Assuming as we do that the Supreme Court of Texas will of course conform to the disposition we now make, we do not issue the writ of mandamus.
  Mr. Justice Stewart took no part in the consideration or decision- of this case.
choices: antitrust (except in the context of mergers and union antitrust) mergers bankruptcy (except in the context of priority of federal fiscal claims) sufficiency of evidence: typically in the context of a jury's determination of compensation for injury or death election of remedies: legal remedies available to injured persons or things liability, governmental: tort or contract actions by or against government or governmental officials other than defense of criminal actions brought under a civil rights action. liability, other than as in sufficiency of evidence, election of remedies, punitive damages liability, punitive damages Employee Retirement Income Security Act (cf. union trust funds) state or local government tax state and territorial land claims state or local government regulation, especially of business (cf. federal pre-emption of state court jurisdiction, federal pre-emption of state legislation or regulation) federal or state regulation of securities natural resources - environmental protection (cf. national supremacy: natural resources, national supremacy: pollution) corruption, governmental or governmental regulation of other than as in campaign spending zoning: constitutionality of such ordinances, or restrictions on owners' or lessors' use of real property arbitration (other than as pertains to labor-management or employer-employee relations (cf. union arbitration) federal or state consumer protection: typically under the Truth in Lending; Food, Drug and Cosmetic; and Consumer Protection Credit Acts patents and copyrights: patent patents and copyrights: copyright patents and copyrights: trademark patents and copyrights: patentability of computer processes federal or state regulation of transportation regulation: railroad federal and some few state regulations of transportation regulation: boat federal and some few state regulation of transportation regulation:truck, or motor carrier federal and some few state regulation of transportation regulation: pipeline (cf. federal public utilities regulation: gas pipeline) federal and some few state regulation of transportation regulation: airline federal and some few state regulation of public utilities regulation: electric power federal and some few state regulation of public utilities regulation: nuclear power federal and some few state regulation of public utilities regulation: oil producer federal and some few state regulation of public utilities regulation: gas producer federal and some few state regulation of public utilities regulation: gas pipeline (cf. federal transportation regulation: pipeline) federal and some few state regulation of public utilities regulation: radio and television (cf. cable television) federal and some few state regulation of public utilities regulation: cable television (cf. radio and television) federal and some few state regulations of public utilities regulation: telephone or telegraph company miscellaneous economic regulation