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VANDERCOOK AND SON, INC. v. THORPE

No. 19923.

322 F.2d 638 (1963)

VANDERCOOK AND SON, INC., Appellant, v. George F. THORPE, in his own right and for the Use and Benefit of Standard Accident Insurance Company, Appellee.

United States Court of Appeals Fifth Circuit.

September 19, 1963.

Attorney(s) appearing for the Case

Francis P. Conroy, II, James C. Rinaman, Jr., Jacksonville, Fla., Harry T. Gray, Jacksonville, Fla., Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, Fla., of counsel, for appellant.

Charles C. Howell, Steven A. Werber, Robert M. Montgomery, Jr., Jacksonville, Fla., for appellee.

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

WHITEHURST, District Judge.

This action was brought by the plaintiff in a Five Count complaint to recover damages for personal injury which he claimed proximately resulted from the negligence of the defendant. The parties will be referred to here as they were in the trial court.

The First Count alleged that on the day of the accident while plaintiff was engaged in the performance of his duties as an employee of The Florida Publishing Company, he was operating...

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