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LEWIS v. DIXIE-PORTLAND FLOUR MILLS, INC.

Nos. 16323, 16324.

356 F.2d 54 (1966)

Mrs. Mary D. LEWIS, Plaintiff-Appellant, v. DIXIE-PORTLAND FLOUR MILLS, INC., Defendant-Appellee, James NESBITT and Henry McRoberts, Defendants and Third Party Plaintiffs-Appellees, v. E. J. DIEFENBACH, d/b/a Dee Oil Company and E. Elwood Lewis, Third Party Defendants-Appellee.

United States Court of Appeals Sixth Circuit.

February 9, 1966.

Attorney(s) appearing for the Case

Joseph B. Roberts, Chattanooga, Tenn., Roberts, Weill & Ellis, Chattanooga, Tenn., of counsel, for appellant.

Paul R. Leitner, Chattanooga, Tenn., for James Nesbitt and Henry McRoberts.

Robert Kirk Walker, Chattanooga, Tenn., for Dixie-Portland Flour Mills, Inc.

Folts, Bishop, Thomas, Leitner & Mann, H. H. Gearinger, Moore, Gearinger & Swafford, F. Thornton Strang, Strang, Fletcher, Carriger & Walker, Ray H. Moseley, Noone, Moseley & Bell, Chattanooga, Tenn., on briefs, for appellees.

Before EDWARDS, Circuit Judge, McALLISTER, Senior Circuit Judge, and BROOKS, District Judge.

EDWARDS, Circuit Judge.

Plaintiff appeals from an adverse jury verdict. She had been injured in an automobile accident in Chattanooga, Tennessee. The case was tried in that same city before the United States District Court, jurisdiction being established by diversity of citizenship.

Some of the gross facts of the accident were stipulated by the parties at pretrial as follows:

"A motor vehicle accident occurred upon October 30, 1963, at approximately...

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