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DORNTON v. DARBY

No. 22899.

373 F.2d 619 (1967)

Susie DORNTON, and Frederick Dornton, her husband, and Frederick Dornton, Individually, Appellants, v. Estelle M. DARBY, Appellee.

United States Court of Appeals Fifth Circuit.

March 8, 1967.

Attorney(s) appearing for the Case

Alan R. Schwartz, Miami, Fla., Horton & Schwartz, Miami, Fla., of counsel, for appellants.

Henry Burnett, Miami, Fla., Fowler, White, Gillen, Humkey & Trenam, Miami, Fla., of counsel, for appellee.

Before JONES, WISDOM and GOLDBERG, Circuit Judges.

JONES, Circuit Judge:

The appellants, Susie Dornton and Frederick Dornton, are wife and husband. Invoking Federal jurisdiction on diversity grounds they brought an action against the appellee, Estelle M. Darby, for personal injuries resulting from a rear end collision between the automobile of the appellants, driven by the husband and an automobile driven by the appellee. A motion for summary judgment was made by the appellee supported by her affidavit and the depositions...

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