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JOHNSON v. BERNARD INS. AGENCY, INC.

Nos. 74-1988, 74-1992.

532 F.2d 1382 (1976)

Sydney Earl JOHNSON, Jr., Appellant, v. BERNARD INSURANCE AGENCY, INC. Homer O. TUTT and Josephine T. Tutt, Appellants, v. Sydney Earl JOHNSON, Jr. and Insurance Company of North America.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 1976.

Rehearing Denied April 23, 1976.

Attorney(s) appearing for the Case

Edward Jasen, Washington, D. C., with whom Robert Cadeaux, Washington, D. C., was on the brief, for appellants.

Thomas J. Scanlon, Washington, D. C., for appellee in No. 74-1988.

Frank J. Martell, Washington, D. C., with whom Richard W. Galiher, William H. Clarke, and William J. Donnelly, Jr., Washington, D. C., were on the brief, for appellees in No. 74-1992.

Before DANAHER, Senior Circuit Judge, WRIGHT, Circuit Judge, and VAN PELT, Senior District Judge.

Opinion for the court filed by Senior District Judge VAN PELT.

Dissenting opinion filed by Circuit Judge J. SKELLY WRIGHT.

VAN PELT, Senior District Judge:

Two cases are consolidated in this appeal. Both arose out of an automobile collision in June, 1969 of cars owned and driven by Johnson and Tutt. Appellant Johnson is complaining of the action of the trial court judge in granting a motion for directed verdict...

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