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McDEVITT v. STANDARD OIL COMPANY OF TEXAS

No. 24594.

391 F.2d 364 (1968)

James F. McDEVITT and Wife, Veva L. McDevitt et al., Appellants, v. STANDARD OIL COMPANY OF TEXAS et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 28, 1968.

Attorney(s) appearing for the Case

Warren Burnett, Robert D. Pue, Odessa, Tex., for appellants.

William Duncan, J. Malcolm Harris, Eugene T. Edwards, El Paso, Tex., Hardie, Grambling, Sims & Galatzan, El Paso, Tex., for appellee Standard Oil Co. of Texas.

Kemp, Smith, White, Duncan & Hammond, El Paso, Tex., for appellee United States Rubber Co.

Before TUTTLE, GEWIN and GODBOLD, Circuit Judges.

GEWIN, Circuit Judge:

This is an appeal from a final judgment entered on a jury verdict returned in the United States District Court for the Western District of Texas in favor of the defendant below, Standard Oil Company of Texas. Standard Oil impleaded United States Rubber Company as manufacturer and Preston Lee Howard as the retailer of the automobile tires involved in this litigation.1 The plaintiffs, James F. McDevitt and wife, individually...

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