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HAYS v. MORGAN

No. 15288.

221 F.2d 481 (1955)

Carlton C. HAYS, W. Nathan Hays and Blanche Hays Hall v. Ernest MORGAN.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 27, 1955.

Attorney(s) appearing for the Case

Gibson Witherspoon, Meridian, Miss., James McClure, Herbert M. Fant, Sardis, Miss., for appellants.

Chester L. Sumners, Will A. Hickman, Oxford, Miss., Pat D. Holcomb, Chester H. Curtis, Clarksdale, Miss., Smallwood, Sumners & Hickman, Oxford, Miss., Holcomb & Curtis, Clarksdale, Miss., for appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and DAWKINS, District Judge.

HOLMES, Circuit Judge.

This appeal is from a judgment for the appellee, plaintiff below, for personal injuries sustained by him on September 15, 1951, when he was struck and seriously injured by an airplane, owned by appellants and operated by one Fortney, a duly licensed pilot, who was spraying cotton on a farm in Mississippi. The appellee's complaint alleged that his injuries were proximately caused by the negligence of Fortney, who was a partner of appellants or...

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