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CASALMAN v. UPCHURCH

No. 24919.

386 F.2d 813 (1967)

Thomas CASALMAN and James Latch, Appellants, v. Joseph W. UPCHURCH, suing as father of Joseph W. Upchurch, Jr., a minor, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 1, 1968.

Attorney(s) appearing for the Case

Charles E. Sharp, William H. Mills, Birmingham, Ala., for appellants.

Byron D. Boyett, Talladega, Ala., Alex W. Newton, Francis Hare, Jr., Birmingham, Ala., for appellee.

Before COLEMAN and SIMPSON, Circuit Judges, and DAWKINS, District Judge.

SIMPSON, Circuit Judge:

The appellants, Casalman and Latch, were respectively the driver and owner of a large over-the-road truck hauling tomatoes from Pompano Beach, Florida, to Memphis, Tennessee, both citizens and residents of Tennessee. Shortly after midnight on February 14, 1965, the truck was involved in a collision on U.S. Highway 82 about seven miles west of Gordo, Alabama, with a Volkswagen automobile driven by Joseph W. Upchurch, Jr., a student at the University...

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