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HAR-PEN TRUCK LINES, INC. v. MILLS

No. 23044.

378 F.2d 705 (1967)

HAR-PEN TRUCK LINES, INC., et al., Appellants, v. Frederick Allen MILLS, III, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 6, 1967.

Attorney(s) appearing for the Case

Frank C. Jones, Macon, Ga., for appellants, Jones, Sparks, Benton & Cork, Macon, Ga., of counsel.

Benjamin Smith, Jr., Leon A. Wilson, II, Waycross, Ga., Harold Pomerantz, New York City, for appellees.

Before BROWN, GOLDBERG and AINSWORTH, Circuit Judges.

GOLDBERG, Circuit Judge:

At 9:20 p. m. on July 25, 1963, as a tractor-trailer truck with a 42,000 pound load of terra cotta pipe drove around a curve about two miles north of Waycross, Georgia, the load of pipe shifted and spilled over the side of the trailer and on to a car driving in the other direction. The falling pipe crushed the car, killing the driver, Allen Mills, and his wife, Patricia, and orphaning and injuring their three sons. The sons, together with...

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