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CRUZ v. KING

No. 71-2333.

455 F.2d 508 (1972)

Juan M. CRUZ, Plaintiff-Appellant, v. Barry D. KING and Government Employees Insurance Company, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 15, 1972.

Attorney(s) appearing for the Case

John J. Carniato, Walnut Creek, Cal., of Arriola, Bohn & Cushnie, Agana, Guam, for plaintiff-appellant.

Edgar R. Crain, of Crain, Rathbun & Shoecraft, Agana, Guam, for defendants-appellees.

Before HAMLEY, DUNIWAY and HUFSTEDLER, Circuit Judges.

PER CURIAM:

In this action for personal injuries, Juan M. Cruz appeals from an order dismissing his complaint, under Rule 41(b), F.R.Civ.P. The sole question presented is whether the evidence presented by Cruz was sufficient to establish a prima facie case. We find that it was, and reverse and remand for a new trial.

Cruz was injured in an accident which took place at the Guam Air Terminal. While crossing a roadway which runs in front of the terminal, he was...

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