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McDOUGALL v. DUNN

No. 72-1096.

468 F.2d 468 (1972)

Daniel J. McDOUGALL, Jr., Plaintiff-Appellant, v. Kenneth R. DUNN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 10, 1972.

Attorney(s) appearing for the Case

Eugene H. Phillips, Winston-Salem, N. C., for appellant.

Joe McLeod, Fayetteville, N. C. (Quillin, Russ, Worth & McLeod, Fayetteville, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and RUSSELL, Circuit Judges.

RUSSELL, Circuit Judge:

While riding as a passenger in a car driven by the defendant, the plaintiff received serious brain injuries, which resulted in amnesia. At the time of the accident, the plaintiff, as well as the defendant and the third occupant of the car, were members of the armed services, stationed at Fort Bragg, North Carolina. Since he was in the military service at the time, the plaintiff was immediately carried, following the accident, to the Womack...

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