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FULTON v. SHAW

No. 20188.

321 F.2d 545 (1963)

Gene A. FULTON and Mary Frances Fulton, Appellants, v. Frank SHAW, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 17, 1963.

Attorney(s) appearing for the Case

James R. Harris, Corpus Christi, Tex., for appellants.

Ben F. McDonald, Jr., Corpus Christi, Tex. (McDonald & Spann, Corpus Christi, Tex., of counsel), for appellee Frank Shaw.

Before CAMERON and BROWN, Circuit Judges, and WHITEHURST, District Judge.

WHITEHURST, District Judge.

The accident involved in this case followed a night of fun and entertainment. The plaintiffs, Mr. and Mrs. Fulton, joined the defendant, Mr. Shaw, and his wife as their automobile guests to attend a dance on the evening of July 15, 1961. Enroute to the dance they stopped at the home of Mr. and Mrs. Cassidy for a round of champagne cocktails. The three couples then proceeded to the dance carrying between them three bottles of intoxicating...

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