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PERRY v. McVEY

No. 9686.

345 F.2d 897 (1965)

Hazel H. PERRY, individually and as guardian and next friend of Nancy Elizabeth Perry, Ronald Keith Perry, and Glen Ellen Perry, infants, et al., Appellants, v. Wilson Campbell McVEY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 13, 1965.

Attorney(s) appearing for the Case

Edward C. Donahue, Takoma Park, Md. (William A. Ehrmantraut, John J. Mitchell, Takoma Park, Md., and Weinberg & Weinberg, Frederick, Md., on brief), for appellants.

Herbert F. Murray, Baltimore, Md. (Clater W. Smith and George Beall, Baltimore, Md., on brief), for appellee.

Before SOBELOFF and BOREMAN, Circuit Judges, and HUTCHESON, District Judge.

SOBELOFF, Circuit Judge:

In this diversity action arising out of a fatality on U. S. Route #1 south of the town limits of Laurel, Maryland, our particular concern is with the application of the Maryland law of contributory negligence and last clear chance.

About 8:30 p. m. on March 23, 1962, the defendant, Lieutenant Wilson McVey of the Maryland State Police, travelling alone in a police car in a southerly direction en route to his home in College Park, Maryland...

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