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MORRISON v. FRITO-LAY, INC.

No. 75-1941.

546 F.2d 154 (1977)

David L. MORRISON et al., Plaintiffs-Appellees Cross-Appellants, v. FRITO-LAY, INC., and Marilyn L. Taggart, Defendants-Appellants Cross-Appellees. Margaret E. Tepper JOHNSON, Plaintiff-Appellee, v. Roseland M. BOSTWICK, Defendant-Appellant Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 16, 1977.

Attorney(s) appearing for the Case

John W. Crowell, Hunter M. Gholson, Columbus, Miss., W. Scott Welch, III, Roger C. Landrum, Richard L. Forman, Jackson, Miss., for Frito-Lay, Inc., et al.

Gary L. Geeslin, Columbus, Miss., for R. M. Bostwick.

Michael D. Jonas, Ralph E. Pogue, Aberdeen, Miss., Gary B. Blasingame, Nickolas P. Chilivis, Athens, Ga., for David L. Morrison, et al.

Thomas J. Tubb, West Point, Miss., Shields Sims, Darrell Reeves, Columbus, Miss., for M. E. Johnson.

Before RIVES, GOLDBERG and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 16, 1977.

RIVES, Circuit Judge:

On the evening of January 18, 1971, at approximately 6:30 p. m., a van-type truck, owned by defendant Frito-Lay, Inc., and being driven by defendant M. L. Taggart, became disabled as it proceeded southward on the two-lane Mississippi Highway 373 near Columbus, Mississippi. After coasting in neutral for two or three minutes, Taggart brought the truck to a stop at the side of the road...

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