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WHITT v. E. I. DuPONT de NEMOURS & COMPANY

Nos. 71-1911 to 71-1913.

461 F.2d 1152 (1972)

Susie Ann WHITT, Plaintiff-Appellee, v. E. I. DuPONT de NEMOURS & COMPANY and Richard Ernest Osborne, Defendants-Appellants. E. I. DuPONT de NEMOURS & COMPANY, Plaintiff-Appellant, v. NORRIS INDUSTRIES, INC., Defendant-Appellee. Paul MARSHALL, Plaintiff-Appellee, v. E. I. DuPONT de NEMOURS & COMPANY and Richard Ernest Osborne, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

June 15, 1972.

Attorney(s) appearing for the Case

Donald B. Oakley, Capps & Oakley, Morristown, Tenn., for appellants in No. 71-1911.

Creed A. Daniel, Rutledge, Tenn., for appellee in No. 71-1911.

Donald B. Oakley, Morristown, Tenn., for appellants in Nos. 71-1912 and 71-1913.

Robert R. Campbell, Knoxville, Tenn., on brief; Capps & Oakley, Morristown, Tenn., Hodges, Doughty & Carson, Knoxville, Tenn., of counsel.

Ben W. Williamson, Jr., Knoxville, Tenn., for appellee in No. 71-1912; O'Neil, Parker & Williamson, Knoxville, Tenn., of counsel.

J. K. Watson, Knoxville, Tenn., on brief for appellee in No. 71-1913.

Before PHILLIPS, Chief Judge, and EDWARDS and CELEBREZZE, Circuit Judges.

PHILLIPS, Chief Judge.

This is an appeal from judgments entered upon jury verdicts in consolidated diversity actions controlled by the law of Tennessee. We affirm.

The actions arose out of a fatal collision on a two-lane highway in Grainger County, Tennessee. In the early morning hours, Richard Osborne was driving a DuPont tractor-trailer loaded with about 20 tons of nylon cord westbound on U.S. Highway 11-W. Osborne's co-driver, Wayne Cumby, was asleep in...

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