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MORRISON v. SUDDUTH

No. 76-3489 Summary Calendar.

546 F.2d 1231 (1977)

Edgar MORRISON, Individually and as next friend of his minor son, John Morrison, Plaintiff-Appellee, v. Gregg SUDDUTH, a minor, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 11, 1977.

Attorney(s) appearing for the Case

Royal H. Brin, Jr., Dallas, Tex., Charles G. Lyman, Corpus Christi, Tex., for defendant-appellant.

William R. Edwards, J. Robert McKissick, Corpus Christi, Tex., for plaintiff-appellee.

Before WISDOM, GEE and TJOFLAT, Circuit Judges.

PER CURIAM:

This diversity case presents three challenges to the judgment of a district court in a negligence action tried before a jury. We affirm.

The plaintiff-appellee, John Morrison, sustained severe head injuries when struck in the head by a golf club swung by the defendant-appellant, Gregg Sudduth. The undisputed facts of the accident show that 13-year-old John was showing 11-year-old Gregg how to grip a golf club. While standing next to Gregg, John...

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