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ERNST v. JAMES & COMPANY

No. 18535.

286 F.2d 174 (1961)

Joseph M. ERNST and William J. Donovan, Jr., Appellants, v. T. L. JAMES & COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

February 9, 1961.

Attorney(s) appearing for the Case

James B. O'Neill, Geo. M. Leppert, New Orleans, La., for appellants.

Gerard M. Dillon, New Orleans, La., Barham, Wright & Barham, Ruston, La., Curtis, Foster, Dillon & Huppenbauer, New Orleans, La., for appellee.

Before JONES and BROWN, Circuit Judges, and CARSWELL, District Judge.

PER CURIAM.

The district judge directed a verdict for the defendant, the appellee here, in an action for damages for personal injuries sustained by the plaintiffs, the appellants here, when their automobile failed to negotiate a highway curve and ran into a bulldozer parked off the highway. The principles stated by this Court in McClendon v. T. L. James & Company, Inc., 5 Cir., 1956, 231 F.2d 802, are controlling here. See also...

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