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RUNGE v. WELCH

No. 19459.

307 F.2d 829 (1962)

Glen RUNGE, Individually and as Next Friend for Rollin Runge, a Minor, Appellants, v. W. S. WELCH, Individually and d/b/a Welch Trucking Company and Louis Dee Whorton, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 11, 1962.

Attorney(s) appearing for the Case

John J. Watts, Odessa, Tex., for appellants.

W. O. Shafer, McDonald, Shafer, Gilliland & Davis, Odessa, Tex., for appellees.

Before TUTTLE, Chief Judge, and RIVES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

This is a common-law action brought by a father individually and as next friend of his minor son to recover damages for personal injuries sustained by the minor.

Some of the facts are not in dispute. The father and son were guests or passengers in the back seat of an automobile driven by one Williams. The automobile was following some distance behind a tank truck driven by the defendant Whorton...

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