MONTGOMERY WARD & CO. v. FURLONG

No. 4976.

219 F.2d 726 (1955)

MONTGOMERY WARD & CO., Incorporated, an Illinois Corporation, Appellant, v. Fount FURLONG; and H. V. Highley, Administrator of Veterans' Affairs, Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 16, 1955.


Attorney(s) appearing for the Case

Fisher Ames, Oklahoma City, Okl. (Ames, Daugherty, Bynum & Black, Oklahoma City, Okl., on the briefs), for appellant.

Paul C. Duncan, Oklahoma City, Okl. (Clayton B. Pierce, Oklahoma City, Okl., and James W. Batchelor, Durant, Okl., on the brief), for Fount Furlong.

Frank D. McSherry, U. S. Atty., Muskogee, Okl. (Harry G. Fender, Asst. U. S. Atty., Muskogee, and Paul M. Brewer, Asst. U. S. Atty., Wewoka, Okl., on the brief), for H. V. Highley.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.


PHILLIPS, Chief Judge.

Furlong brought this action against Montgomery Ward & Co., Inc.,1 to recover damages for personal injuries resulting from an automobile accident.2 From a judgment in favor of Furlong for $32,500, Ward has appealed.

Furlong was employed by Ward as a salesman in the plumbing fixtures department of its retail store in Durant, Oklahoma. In addition to his duties as salesman, Furlong...

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