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SIMMONS v. KING

No. 9307.

333 F.2d 178 (1964)

Blanche J. SIMMONS, Administratrix of the Estate of Croner G. Simmons, Deceased, Appellee, v. Evva Gertrude KING, Administratrix of the Estate of Anderson J. King, Deceased, Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 10, 1964.

Attorney(s) appearing for the Case

Willis Smith, Jr., and Henry A. Mitchell, Jr., Raleigh, N. C. (Smith, Leach, Anderson & Dorsett, Raleigh, N. C., on brief), for appellant.

John V. Hunter, III, and Howard E. Manning, Raleigh, N. C. (Manning, Fulton, Skinner & Hunter; and Young, Moore & Henderson, Raleigh, N. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BRYAN, Circuit Judges.

SOBELOFF, Chief Judge.

This litigation stems from a collision between a tractor trailer driven by Anderson J. King, appellant's decedent, and a delivery truck driven by Croner G. Simmons, appellee's decedent. In the collision Simmons was killed and his widow, as administratrix of his estate, brought suit against King. Before the case was tried King died of causes unrelated to the accident and his widow, administratrix of his estate, was substituted as party-defendant...

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