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SHELMIRE v. LINTON

Nos. 11089-11091.

343 So.2d 301 (1977)

Carney SHELMIRE v. Lindsey L. LINTON et al. D. R. LINTON, Jr., et al. v. Richard E. DOWNEY et al. Ludella Jiles GAINES et al. v. D. R. LINTON, Jr., et al.

Court of Appeal of Louisiana, First Circuit.

Rehearings Denied March 21, 1977.

Attorney(s) appearing for the Case

William R. Doran, Jr., Baton Rouge, of counsel for plaintiffs-appellees in Nos. 11089 and 11090.

Walton J. Barnes, Baton Rouge, of counsel for plaintiffs-appellants Gaines, and others.

Samuel Dickens, Baton Rouge, of counsel for Lindsey L. Linton & Dewey R. Linton, Jr., appellants.

Anthony J. Clesi, Jr., Baton Rouge, of counsel for defendants Downey and State Farm Mutual Auto. Ins. Co., appellants.

Before, LANDRY, COLE and CLAIBORNE, JJ.

COLE, Judge.

These three consolidated cases arise from an automobile collision involving a 1974 Chevrolet pick-up truck driven by Richard E. Downey and a 1966 Ford automobile operated by Lindsey L. Linton. The accident occurred on Louisiana Highway 67 (Plank Road) in East Baton Rouge Parish on December 15, 1973, at approximately 8:30 P.M. The facts surrounding the accident are succinctly set forth by the trial judge as follows:

"* * * Prior to the accident...

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