WILBURN v. McREE

No. 4311.

193 F.2d 425 (1951)

WILBURN v. McREE et al.

United States Court of Appeals Tenth Circuit.

December 31, 1951.


Attorney(s) appearing for the Case

Clayton B. Pierce, Oklahoma City, Okl. (John R. Couch, Fred M. Mock and Paul C. Duncan, Oklahoma City, Okl., on the brief), for appellant.

R. M. Mountcastle, Muskogee, Okl. (W. A. Combs, Houston, Tex., and A. E. Zellers, Weatherford, Tex., on the brief), for appellees.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.


HUXMAN, Circuit Judge.

This is an appeal from a judgment against appellants, George Wilburn and Fred Henry Hancock, in an action for damages resulting from an automobile collision. The sole question in the case is whether defendant, Fred Henry Hancock, was acting within the scope of his employment as an employee of appellant at the time of the accident.

The facts may be summarized as follows: Wilburn was engaged in the automobile business in McAlester, Oklahoma...

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