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NUCKOLES v. F. W. WOOLWORTH COMPANY

No. 10544.

372 F.2d 286 (1967)

Lydia S. NUCKOLES, Appellant, v. F. W. WOOLWORTH COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 12, 1967.

Attorney(s) appearing for the Case

Philip Lee Lotz and George M. Cochran, Staunton, Va., for appellant.

R. W. Smith, Staunton, Va. (Wayt B. Timberlake, Jr., and Timberlake, Smith & Thomas, Staunton, Va., on brief), for appellee.

Before BRYAN, WINTER and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

This is a negligence case brought in a Virginia state court and removed to the federal district court by reason of diversity of citizenship. We are to apply the law of Virginia.1

Counsel agree that the sole question presented is whether or not the plaintiff, Mrs. Lydia S. Nuckoles, was contributorily negligent "as a matter of law." There is no disagreement as to the rule of law or standard of conduct by which...

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