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DE PARCQ v. LIGGETT & MYERS TOBACCO CO.

No. 10319.

81 F.2d 777 (1936)

DE PARCQ v. LIGGETT & MYERS TOBACCO CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 23, 1936.

Attorney(s) appearing for the Case

Robert J. McDonald, of Minneapolis, Minn. (Mortimer H. Boutelle and A. H. David, both of Minneapolis, Minn., on the brief), for appellant.

L. P. McNally, of Minneapolis, Minn., and F. L. Fuller, of New York City (F. H. Stinchfield and Donald A. Holmes, both of Minneapolis, Minn., on the brief), for appellee.

Before STONE, SANBORN, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This is the second appeal in the above cause to this court. For opinion on the former appeal, see 66 F.2d 678.

The action is one brought by De Parcq against Liggett & Myers Tobacco Company to recover damages for personal injuries alleged to have been sustained as a result of the negligent driving of one Thompson with whom De Parcq was riding in an automobile owned by the tobacco company but being...

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