Rehearing Denied and Rehearing En Banc Denied October 10, 1969.
SIMPSON, Circuit Judge:
This appeal is from a judgment notwithstanding the verdict entered by the trial court in favor of American Surety Company of New York in a garnishment action brought by Ralph E. Coblentz, the appellant here. The ultimate facts are for the most part undisputed.
During the early morning hours of December 27, 1959, Edward Thomas Coblentz, a college student, was loitering...
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