THOMAS v. NUSS

No. 15998.

353 F.2d 257 (1965)

Leon THOMAS, Plaintiff-Appellant, v. Albert Lee NUSS and Kelley Sizemore, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

December 16, 1965.


Attorney(s) appearing for the Case

M. Perry Nochlin, Nashville, Tenn. (Housholder, Nochlin, Cosner & Sutton, by M. Perry Nochlin, Nashville, Tenn., on the brief), for appellant.

Josiah Baker and James D. Robinson, Chattanooga, Tenn., Goins, Gammon, Baker & Robinson, Chattanooga, Tenn., of counsel, for appellees.

Before PHILLIPS, Circuit Judge, CECIL, Senior Circuit Judge and MACHROWICZ, District Judge.


MACHROWICZ, District Judge.

This is an appeal from a verdict for the defendant-appellees, returned by a jury in a highway accident diversity case.

The plaintiff-appellant contends on appeal that the trial court erred:

(1) in refusing to grant the plaintiff-appellant the right to discovery of statements of prospective witnesses to the accident which were in the file of defendants'-appellees' insurer;...

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