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COCHRAN v. M & M TRANSP. CO.

No. 3552.

110 F.2d 519 (1940)

COCHRAN et al. v. M & M TRANSP. CO.

Circuit Court of Appeals, First Circuit.

March 22, 1940.

Attorney(s) appearing for the Case

John W. Baker, of Providence, R. I. (Benjamin F. Lindemuth, F. Snowden Skinner, and Daniel S. T. Hinman, all of Providence, R. I., on the brief), for appellants.

Wm. A. Gunning, of Providence, R. I., for appellee.

Before MAGRUDER, Circuit Judge, and PETERS and FORD, District Judges.

MAGRUDER, Circuit Judge.

This motion to dismiss, involving a consideration and interpretation of our mandate on a previous appeal (M & M Transportation Co. v. Cochran, 1 Cir., 100 F.2d 207), presents a peculiar situation.

On the night of November 16, 1936, a motortruck of the Providence Teaming Company, operated by its servant Cochran, became stalled on a Massachusetts highway. Shortly thereafter a motortruck driven by...

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