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PRUETT v. MARSHALL

No. 18238.

283 F.2d 436 (1960)

Frank PRUETT, Appellant, v. Robert Ellington MARSHALL, Appellee.

United States Court of Appeals Fifth Circuit.

September 30, 1960.

Attorney(s) appearing for the Case

Clifford Emond, Edward W. McDonald, Birmingham, Ala., for appellant.

James E. Clark, Bibb Allen, Birmingham, Ala., for appellee, London, Yancey, Clark & Allen, Birmingham, Ala., of counsel.

Before HUTCHESON, JONES and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Frank Pruett, the plaintiff-appellant, was injured when an automobile in which he was riding as a passenger was struck from behind by an automobile that Robert Marshall, the defendant-appellee, was driving. The accident occurred at ten in the morning, November 10, 1958, about three miles east of Irondale, Alabama, on U. S. Highway 78. At the time of the accident the day was clear. At the point of the accident the highway is straight and has...

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