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McKINZIE v. FLEMING

No. 78-2209 Summary Calendar.

588 F.2d 165 (1979)

Billy J. McKINZIE and wife, Judy McKinzie, Individually and as Next Friend of Stuart McKinzie, a Minor, Plaintiffs-Appellants, v. Michael Wayne FLEMING and Star Tool Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 18, 1979.

Attorney(s) appearing for the Case

James K. Edwards, Odessa, Tex., for plaintiffs-appellants.

William R. Moss, Cecil C. Kuhne, Lubbock, Tex., for defendants-appellees.

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

This diversity action was instituted by Billy McKinzie and his wife, Judy, individually and as next friend of Stuart McKinzie, a minor, against Michael Wayne Fleming and Star Tool Company for injuries sustained during a collision on May 5, 1976 in Brownfield, Texas.

On May 5, 1976, at 7:00 a. m. appellant Judy McKinzie, with her two children as passengers in her automobile, entered an intersection and hit a truck making a left hand turn into the...

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