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CASTRO v. TEXAS EDUCATION FOUNDATION, INC.

No. 71-1625 Summary Calendar.

444 F.2d 254 (1971)

Conception CASTRO, Plaintiff-Appellant, v. TEXAS EDUCATION FOUNDATION, INC., and R. H. Strickland, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Attorney(s) appearing for the Case

Warren Weir, Arthur Gochman, San Antonio, Tex., for plaintiff-appellant.

Theo. F. Weiss, Charles L. Smith, San Antonio, Tex., for defendants-appellees; Clemens, Knight, Weiss & Spencer, San Antonio, Tex., of counsel.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

PER CURIAM:

The district court did not err in granting summary judgment for defendant Texas Educational Foundation, Inc., in this diversity case. There was no genuine issue as to any material fact and it appeared as a matter of law that defendant Strickland was not within the scope of his employment at the time of the injury to Jesse Castro.

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