ROBBINS v. MILNER ENTERPRISES, INC.

No. 18144.

278 F.2d 492 (1960)

Clifford H. ROBBINS, Appellant, v. MILNER ENTERPRISES, INC., Appellee.

United States Court of Appeals Fifth Circuit.

April 18, 1960.


Attorney(s) appearing for the Case

Cary E. Bufkin, Jackson, Miss., Satterfield, Shell, Williams & Buford, Jackson, Miss., for appellant.

Robert C. Cannada, Jackson, Miss., Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., of counsel, for appellee.

Before CAMERON, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The immediate question is whether summary judgment for defendant in a Mississippi diversity case was properly entered on the theory that the facts showed without a substantial likelihood of contradiction that the plaintiff had assumed the risk of operating an automobile with faulty brakes. F.R.Civ. Proc. 56, 28 U.S.C.A. We think not and reverse.

Robbins, the plaintiff, was a sergeant in the United States Army. He was a skilled...

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