WALLACE v. ENER

No. 75-1630. Summary Calendar.

521 F.2d 215 (1975)

Mrs. David B. WALLACE, Sr., and David B. Wallace, Sr., Plaintiffs-Appellants, v. William Dale ENER and T. M. Kellum et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 20, 1975.


Attorney(s) appearing for the Case

Hugh G. Head, Jr., L. Burke Lewis, DeVillie, Levine & Lewis, Atlanta, Ga., for plaintiffs-appellants.

Clayton H. Farnham, Atlanta, Ga., for defendants-appellees.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Appellants' son, David Wallace, Jr., was killed on the morning of June 8, 1973, when the motorcycle he was riding collided with the rear of a tractor-trailer which was stopped in the right lane of two east-bound traffic lanes of U. S. Highway 78, about five miles east of Tallapoosa, Georgia. Appellants brought this diversity action under the Georgia Wrongful Death Act, Ga.Code Ann. § 105-1301 et seq., alleging negligence against Ener...

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