TIMMERMAN, District Judge.
The plaintiff Rickenbaker was injured in an automobile accident January 15, 1940. The automobile involved in the accident was owned by the defendant Layton and was being operated by the defendant Smith, Layton's agent. Rickenbaker brought an action in the Court of Common Pleas for Aiken County, South Carolina, against Layton and Smith to recover damages for the injuries sustained by him in said accident. In that suit Rickenbaker...
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