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C. J. PECK OIL CO. v. DIAMOND

No. 14366.

204 F.2d 179 (1953)

C. J. PECK OIL CO. et al. v. DIAMOND, by BOND et al.

United States Court of Appeals Fifth Circuit.

May 1, 1953.

Attorney(s) appearing for the Case

M. M. Roberts and Homer W. Pittman, Hattiesburg, Miss., Luther W. Maples, Gulfport, Miss., for appellants.

Webb M. Mize, James S. Eaton and R. W. Thompson, Jr., Gulfport, Miss., Grayson B. Keaton, Picayune, Miss., for appellees.

Eaton & Cottrell, Gulfport, Miss., for intervenors.

Before HOLMES, STRUM and RIVES, Circuit Judges.

STRUM, Circuit Judge.

This action grows out of an early morning collision between a large oil transport truck operated by an employee of defendant C. J. Peck Oil Company, proceeding in a southerly direction on U. S. Highway No. 11 near McNeill, Mississippi, and a "shuttle" truck loaded with ice cream products and ice, operated by Carmen D. Diamond, now deceased, traveling north on the same highway. Said deceased was the father of the plaintiff below, a nine year old...

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