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DUNCAN v. DUNCAN

Nos. 17042, 17043.

377 F.2d 49 (1967)

Mrs. T. H. DUNCAN (C. W. Duncan, Administrator of the Estate of Mrs. T. H. Duncan, Deceased), Plaintiff-Appellee, v. W. Ray DUNCAN, Defendant-Appellant. Mrs. John FAIN, Plaintiff-Appellee, v. W. Ray DUNCAN, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 4, 1967.

Attorney(s) appearing for the Case

Wirt Courtney, Nashville, Tenn. (Good-pasture, Carpenter, Woods & Courtney, Nashville, Tenn., on the brief), for appellant.

Philip M. Carden, Nashville, Tenn. (Jack Norman, Seth Norman, Herbert R. Rich, Nashville, Tenn., on the brief), for appellees.

Before O'SULLIVAN, PECK, and McCREE, Circuit Judges.

PECK, Circuit Judge.

These consolidated cases arose out of a single-car accident in Lawrence County, Tennessee. The plaintiffs, defendant's mother and mother-in-law, were passengers in defendant's car when it struck a bridge abutment. Personal injury actions were commenced in a Tennessee state court and were subsequently removed to the United States District Court for the Middle District of Tennessee.

The cases were tried to a jury and a verdict finding defendant...

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