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KATZ v. ROSS

No. 11349.

216 F.2d 880 (1954)

Max H. KATZ and Ida Katz v. Herman E. ROSS, Appellant.

United States Court of Appeals Third Circuit.

Decided November 29, 1954.

Attorney(s) appearing for the Case

Bruce R. Martin, Pittsburgh, Pa. (Dalzell, Pringle, Bredin & Martin, Pittsburgh, Pa., on the brief), for appellant.

John E. Evans, Jr., Pittsburgh, Pa. (Evans, Ivory & Evans, Pittsburgh, Pa., on the brief), for appellees.

Before MARIS, McLAUGHLIN and STALEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

In this personal injury automobile negligence suit the principal issue is whether as a matter of law the appellees were guests or passengers without payment for transportation within the meaning of the Florida Guest Statute.1

The accident, which is the basis of the controversy, occurred January 2, 1951 near New Smyrna Beach, Florida. In December of 1950, prior to leaving for Florida, appellant was a resident...

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