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BRENDLE v. GENERAL TIRE AND RUBBER COMPANY

No. 12918.

408 F.2d 116 (1969)

Mary Kate BRENDLE, Administratrix of the Estate of William Charles Brendle, Deceased, Appellant, v. The GENERAL TIRE AND RUBBER COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 10, 1969.

Attorney(s) appearing for the Case

John Haworth, High Point, N. C. (Charles E. Nichols, Greensboro, N. C., and William G. Pfefferkorn, Winston-Salem, N. C., on brief), for appellant.

Martin N. Erwin and Beverly C. Moore, Greensboro, N. C. (Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

SOBELOFF, Circuit Judge:

In this suit by a North Carolina plaintiff against an Ohio defendant, arising from a truck accident in Missouri, the sole issue on appeal is which state's law governs the case. Since federal jurisdiction here depends on diversity of citizenship, the applicable law must be determined by the choice of law rules of the forum state, North Carolina. Klaxon Co. v. Stentor Mfg. Co., 313 U.S. 487, 61 S.Ct. 1020, 85...

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