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FLEMING v. SEDGEWICK

No. 20636.

328 F.2d 307 (1964)

Mrs. Harvey A. FLEMING, Appellant, v. Mrs. Elizabeth Wade SEDGEWICK et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 17, 1964.

Attorney(s) appearing for the Case

Frank T. Holt, Thomasville, Ga., Alexander, Vann & Lilly, Thomasville, Ga., of counsel, for appellant.

Richard D. Carr, H. A. Stephens, Jr., Atlanta, Ga., for appellees; Smith, Field, Ringel, Martin & Carr, Atlanta, Ga., of counsel.

Before CAMERON, WISDOM, and GEWIN, Circuit Judges.

PER CURIAM.

In this case the body of the plaintiff's husband was found on an isolated country road near Thomasville, Georgia. For two years, as part of his duties, the decedent had carried his employer's payroll over that road from a bank in Thomasville to the Millpond Plantation. The plaintiff sued the employer on the theory that the employer should have anticipated the risk of a hold-up and murder. The district court dismissed the complaint, holding that, under...

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