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HOPKINS v. METCALF

No. 90-70.

435 F.2d 123 (1970)

Kenneth HOPKINS, Plaintiff-Appellant, v. Jerry METCALF, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 9, 1971.

Attorney(s) appearing for the Case

Edwin D. Abel, Oklahoma City, Okl. (Lampkin & Wolfe, Oklahoma City, Okl., on the brief) for plaintiff-appellant.

Michael C. Stewart, Oklahoma City, Okl. (Rinehart, Cooper & Stewart, and Patricia Dunlap, Oklahoma City, Okl., of counsel, on the brief) for defendant-appellee.

Before BREITENSTEIN and SETH, Circuit Judges, and TEMPLAR, District Judge.

BREITENSTEIN, Circuit Judge.

In this diversity case a jury denied recovery to plaintiff-appellant Hopkins for injuries received in an intersectional collision between the motorcycle which he was driving and an automobile driven by defendant-appellee Metcalf. The accident occurred in Oklahoma City, Oklahoma. Reversal is sought on the sole ground that the trial court erred in not giving a requested instruction on sudden emergency.

At the time of the accident...

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