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STEVENS v. DIAMONDHEAD CORPORATION

No. 74-4009.

529 F.2d 456 (1976)

Michael STEVENS et al., Plaintiffs-Appellants, v. DIAMONDHEAD CORPORATION, Defendant-Appellee. Edison AUTMAN, Plaintiff-Appellant, v. DIAMONDHEAD CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 29, 1976.

Attorney(s) appearing for the Case

Joe H. Montgomery, Poplarville, Miss., for Michael Stevens, and others.

Ray M. Stewart, Picayune, Miss., for Edison Autman.

George E. Morse, Gulfport, Miss., for Diamondhead Corp.

Before BROWN, Chief Judge, and THORNBERRY, Circuit Judges, and MILLER, Associate Judge.

PER CURIAM:

Plaintiffs appeal from an adverse verdict directed by the District Court on defendant's motion at conclusion of plaintiffs' case. The sole question is whether the court erred in granting the motion for a directed verdict. We affirm.

Defendant-appellee admits that it owed a duty to plaintiffs-appellants. However, in view of plaintiffs' knowledge or imputed knowledge that the highway and bridge on which...

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