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CLAYTON v. BURSTON

No. 73-2393.

493 F.2d 429 (1974)

Dale CLAYTON, Plaintiff-Appellee, v. Samuel BURSTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 3, 1974.

Attorney(s) appearing for the Case

Paul W. Dudley, Robert A. Skipworth, El Paso, Tex., for defendant-appellant.

Mark Howell, El Paso, Tex., for plaintiff-appellee.

Before GOLDBERG and AINSWORTH, Circuit Judges, and LYNNE, District Judge.

GOLDBERG, Circuit Judge:

Plaintiff brought this diversity action in United States District Court for the Western District of Texas seeking to recover damages for personal injuries suffered in an automobile accident in El Paso, Texas on the evening of August 31, 1972. She alleged that defendant had operated his vehicle negligently by proceeding past a stop sign and into her path. Defendant denied that he had acted improperly in advancing beyond the stop sign and by...

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