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SIMPSON v. LAMBERT BROTHERS DIV. — VULCAN MATERIALS CO.

No. 9992.

362 F.2d 731 (1966)

Horace M. SIMPSON, Appellant, v. LAMBERT BROTHERS DIVISION — VULCAN MATERIALS COMPANY and Donald W. South, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 6, 1966.

Attorney(s) appearing for the Case

Robert T. Winston, Norton, Va. (Shelby Smoot, Kingsport, Tenn., and Horace M. Simpson, on the brief), for appellant.

William T. Gamble, Kingsport, Tenn., and Andrew P. Miller, Abingdon, Va., for appellees.

Before SOBELOFF, BOREMAN and J. SPENCER BELL, Circuit Judges.

BOREMAN, Circuit Judge:

Horace M. Simpson was injured when run over by a heavy construction vehicle driven by Donald W. South, an employee of Lambert Brothers Division of Vulcan Materials Company. Simpson sued South and Lambert Brothers Division in the District Court for damages and a jury returned a verdict in favor of the defendants. The District Court denied Simpson's motion to set aside the verdict and grant a new trial. Simpson appeals and asserts that numerous...

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