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SHERBY v. WEATHER BROTHERS TRANSFER COMPANY

No. 13413.

421 F.2d 1243 (1970)

Michael N. SHERBY, a minor by his mother and next friend, Yvonne M. Sherby, and Yvonne M. Sherby, in her own right, Appellants, v. WEATHER BROTHERS TRANSFER COMPANY, Inc., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 20, 1970.

Attorney(s) appearing for the Case

Robert C. Verderaime and Stanley Levine, Baltimore, Md. (Paul Berman, Verderaime & DuBois, Baltimore, Md., A Freeborn Brown and T. Carroll Brown, Belair, Md., on brief) for appellants.

Edward C. Mackie, Baltimore, Md. (Rollins, Smalkin, Weston & Andrew, Baltimore, Md., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BUTZNER, Circuit Judges.

BOREMAN, Circuit Judge:

Plaintiffs appeal from the dismissal of their amended complaint upon motion of the defendant, Weather Brothers Transfer Company, Inc.

On July 16, 1966, Michael Sherby, a minor, was riding as a passenger in a tractor trailer unit owned by defendant, Weather Brothers Transfer Company, Inc., and operated by Michael's father in the scope of the father's employment. Michael was injured when the tractor trailer unit collided in Maryland with...

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