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CLEVELAND NEHI BOTTLING CO. v. SCHENK

No. 5980.

56 F.2d 941 (1932)

CLEVELAND NEHI BOTTLING CO. v. SCHENK.

Circuit Court of Appeals, Sixth Circuit.

March 18, 1932.

Attorney(s) appearing for the Case

F. F. Gentsch, of Cleveland, Ohio (Gentsch & Lang, of Cleveland, Ohio, on the brief), for appellant.

S. T. Gaines, of Cleveland, Ohio (Borden & Gaines, of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

The facts in this case are simple. Appellant is engaged in selling soft drinks which it delivers to its customers by trucks operated over regular routes. On November 6, 1930, one of its employees, Tucker, left its plant with a truck to make deliveries at various places in the vicinity of Cleveland. Appellant had instructed its drivers not to drink intoxicating liquor while on duty. Before leaving on the day in question Tucker began drinking...

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