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GATES v. L. G. DeWITT, INC.

No. 74-3291.

528 F.2d 405 (1976)

Gerald W. GATES, Plaintiff-Appellee, v. L. G. DeWITT, INC., and Insurance Company of North America, et al., Defendants-Appellants. Thelma Elizabeth WEBER, Plaintiff-Appellee, v. L. G. DeWITT, INC., Insurance Company of North America, and Johnson Restaurant Supply Corporation, et al., Defendants-Appellants, Gerald W. Gates, Defendant-Appellant. Carl C. WEBER, Plaintiff-Appellee, v. L. G. DeWITT, INC., Insurance Company of North America, and Johnson Restaurant Supply Corporation, et al., Defendants-Appellants, Gerald W. Gates, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 7, 1976.

Attorney(s) appearing for the Case

Griffin B. Bell, Jr., Fred S. Clark, Savannah, Ga., for defendants-appellants.

Charles M. Jones, Hinesville, Ga., for Carl C. Weber and T. E. Weber.

John W. Sognier, Savannah, Ga., for G. W. Gates.

Walter C. Hartridge, Savannah, Ga., for Johnson Restaurant Supply, and G. W. Gates.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 7, 1976. See 532 F.2d 1052.

GODBOLD, Circuit Judge:

These are consolidated Georgia diversity cases arising out of a highway accident involving three cars and a truck. Mr. and Mrs. Weber were occupants of one car. Each of them filed suit in Georgia state court against these parties: DeWitt Trucking, owner of the truck and holder of a certificate of public convenience and necessity...

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