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SMITH v. FIHELLY

No. 9584.

338 F.2d 964 (1964)

Frank Roy SMITH, Appellant, v. Arthur FIHELLY and Henry Bagelmann, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 19, 1964.

Attorney(s) appearing for the Case

G. Clinton Moore, Richmond, Va. (Franklin J. Carter and Wright & Moore, Richmond, Va., on brief), for appellant.

Harry W. Goldberg, Washington, D. C. (Alfred Z. Bernstein, Alexandria, Va., on brief), for appellees.

Before BOREMAN and BELL, Circuit Judges, and WINTER, District Judge.

PER CURIAM:

A judgment rendered for appellees by the district judge, sitting without a jury in a diversity case, arising out of a collision between two vehicles both traveling south on the Richmond-Petersburg Turnpike, serves as a basis for this appeal. A vehicle operated by appellee Fihelly at approximately 55 miles per hour in the extreme right hand lane of the three lane south bound portion of the Turnpike collided with a vehicle operated by appellant in a lane...

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