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R. J. REYNOLDS TOBACCO CO. v. NEWBY

No. 11137.

153 F.2d 819 (1946)

R. J. REYNOLDS TOBACCO CO. v. NEWBY et al.

Circuit Court of Appeals, Ninth Circuit.

February 28, 1946.

Attorney(s) appearing for the Case

E. B. Smith, of Boise, Idaho, and A. L. Merrill and R. D. Merrill, both of Pocatello, Idaho, for appellant.

Glenn A. Coughlan, of Montpelier, Idaho, and B. W. Davis, of Pocatello, Idaho, for appellees.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

This case involves a claim for damages for wrongful death growing out of the overturn of an automobile owned by appellant and driven by its employee, Hair. On a former appeal, Reynolds Tobacco Co. et al. v. Newby, 9 Cir., 145 F.2d 768, we reversed a judgment against appellant and its district supervisor, Donnelly, and remanded the cause for a new trial. On the second trial there was a verdict and judgment against...

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