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HILLYER v. DAVID PHILLIPS TRUCKING CO.

No. 77-2148.

606 F.2d 619 (1979)

Gale HILLYER, Douglas Hillyer, III, By His Next Friend Douglas V. Hillyer, Jr., and Douglas V. Hillyer, Jr., Plaintiffs-Appellants, v. DAVID PHILLIPS TRUCKING COMPANY, Gary Bruce Higdon, and Patriot General Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 15, 1979.

Attorney(s) appearing for the Case

Corneill A. Stephens, Michael C. Murphy, Alan E. Lubel, Atlanta, Ga., for plaintiffs-appellants.

John T. Marshall, Mark R. Eaton, Atlanta, Ga., for defendants-appellees.

Before GODBOLD, GEE and RUBIN, Circuit Judges.

GODBOLD, Circuit Judge:

This is an automobile accident diversity case. Plaintiff Gale Hillyer was the driver of a car that collided with a truck of defendant David Phillips Trucking Co. Pursuant to Georgia law1 plaintiffs joined as a defendant Phillips' insurer, Patriot General Insurance Co. A jury returned a verdict for defendants.

The major issue arises from the trial court's permitting...

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