Court of Appeals for the Fifth Circuit April 26, 1978, No. 75-1346 (Myers ex rel. Myers v. Manchester Insurance & Indemnity Co.)

PER CURIAM:

In this diversity action, sounding in tort, appellant contends that appellee was without legal capacity to sue, as provided by F.R.C.P. Rule 17(b), that the evidence did not support the finding of liability, and that the award was excessive. We disagree with appellant and affirm. As held below, at the pre-trial conference, the parties stipulated that capacity existed in the appellee.