SOUTHERN RAILWAY CO. v. STATE FARM MUTUAL AUTO. INS. CO.

No. 72-3299.

477 F.2d 49 (1973)

SOUTHERN RAILWAY COMPANY, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 25, 1973.


Attorney(s) appearing for the Case

Richard G. Greer, Kenneth C. Pollock, Atlanta, Ga., for defendant-appellant.

James D. Maddox, Rome, Ga., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 25, 1973.

CLARK, Circuit Judge:

Though the parties disagree as to the proper conclusions and inferences to be drawn, the evidentiary facts in this diversity case are undisputed. In June of 1968 Sharon Santolla graduated from high school in Tazewell, Virginia, where she lived with her parents. After graduation, she went to Marietta, Georgia, to stay with her sister, Carol Averill, and her brother-in-law, Wallace Averill...

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