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MOLINARO v. SCOTT BROTHERS, INC.

No. 12647.

229 F.2d 773 (1955)

Annie Miller MOLINARO et al., Appellants, v. SCOTT BROTHERS, Inc., a corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 8, 1955.

Attorney(s) appearing for the Case

Mr. Samuel Intrater, Washington, D. C., with whom Mr. Albert Brick, Washington, D. C., was on the brief, for appellants.

Mr. Justin L. Edgerton, Washington, D. C., with whom Messrs. Charles E. Pledger, Jr., and Randolph C. Richardson, Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN, DANAHER and BASTIAN, Circuit Judges.

PRETTYMAN, Circuit Judge.

Our appellants Molinaro filed in the District Court for the District of Columbia a civil action based upon an automobile accident in Pennsylvania. The evidence showed that the name of the defendant company was painted on the side of the truck which was in collision with appellants' car. The defendant, however, proved the truck had been leased by it to the Pennsylvania Railroad, was being driven by a regular employee of that Railroad, and...

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