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McGUIRE v. GEM CITY MOTORS, INC.

Civ. A. No. 11485.

296 F.Supp. 541 (1969)

Don H. McGUIRE, Frances E. McGuire, Michael McGuire and Randall McGuire v. GEM CITY MOTORS, INC., and Emmett Julius Davis.

United States District Court N. D. Georgia, Atlanta Division.

February 13, 1969.

Attorney(s) appearing for the Case

Morgan & Garner, Chattanooga, Tenn., Cook & Palmour, Summerville, Ga., for plaintiffs.

Shoob, McLain & Jessee, Atlanta, Ga., for defendants.

ORDER

HENDERSON, District Judge.

This is a diversity suit for damages for injuries suffered in an automobile accident by individual members of the Don H. McGuire family, Tennessee residents, against Gem City Motors, Inc., a now defunct Georgia automobile sales agency, and Emmett Julius Davis, one of its salesmen. Defendant, Gem City Motors, Inc., (hereinafter referred to as Gem City) seeks summary judgment as to it, contending that, because at the

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