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DiGREGORIO v. INDUSTRIAL SUPPLY CORP. OF ORLANDO, INC.

No. 29819.

438 F.2d 303 (1971)

Rose DiGREGORIO, as widow of Michael DiGregorio, Rose DiGregorio, as Administratrix of the Estate of Michael DiGregorio, and Rose DiGregorio, individually, Plaintiff-Appellant, v. INDUSTRIAL SUPPLY CORPORATION OF ORLANDO, INC. (Formerly known as Steel Products of Orlando, Inc.) and Isie Lee Barnes, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 12, 1971.

Attorney(s) appearing for the Case

Walter F. McQuade, Daniel C. George, Miami, Fla., for plaintiff-appellant.

Heskin A. Whittaker, Orlando, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, TUTTLE and GODBOLD, Circuit Judges.

TUTTLE, Circuit Judge:

The plaintiff, the appellant here, Mrs. Rose DiGregorio, individually and as widow and administratrix of her deceased husband, appeals from a judgment based on a jury verdict against her in an automobile liability case.

The appeal is based on two serious contentions. The first is that the trial court erred in charging the jury as to a presumption of negligence arising on the part of an overtaking vehicle. This, in turn, is divided into...

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