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COTE v. ESTATE OF BUTLER

Nos. 229 to 232, Dockets 73-1615, 73-1616, 73-2106, 74-1475.

518 F.2d 157 (1975)

Norman E. COTE, Plaintiff-Appellee, v. ESTATE of Mary P. BUTLER et al., Defendants-Appellants-Appellees. LaVALLEY OIL COMPANY, INC., Plaintiff-Appellee, v. ESTATE of Mary P. BUTLER et al., Defendants-Appellees, Estate of Mary P. Butler et al., Defendants-Appellants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 23, 1975.

Attorney(s) appearing for the Case

Robert H. Erdmann, James G. Villa, Dinse, Allen & Erdmann, Burlington, Vt., for Bennington Ford.

Ronald E. Oliveira, Cain, Hibbard & Myers, Pittsfield, Mass., for Ford Motor Co.

Joseph H. Badgewick, James T. Haugh, Robinson E. Keyes, Ryan, Smith & Carbine, Rutland, Vt., for Butler Estate.

Before WATERMAN, FRIENDLY and GURFEIN,

WATERMAN, Circuit Judge:

On December 3, 1969 Mrs. Mary P. Butler was returning her relatively new 1970 Ford Maverick automobile to the vendor, Bennington Ford, for further servicing of a malfunction which caused the car to lurch at a certain speed. En route an accident occurred. While attempting to overtake and pass another vehicle, Mrs. Butler pulled out onto a snow-covered center lane of a three-lane highway. The Butler car veered into the left-hand lane...

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