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KING v. FORD MOTOR CO.

No. 76-2528.

604 F.2d 317 (1979)

James H. KING and Hazel King, husband and wife, Plaintiffs-Appellees, v. FORD MOTOR COMPANY, a Delaware Corporation, Defendant-Third-Party Plaintiff-Appellant, v. FLXIBLE SOUTHERN COMPANY, INC., a corporation, Third Party Defendant.

United States Court of Appeals, Fifth Circuit.

September 14, 1979.

Attorney(s) appearing for the Case

Michael D. Knight, Mobile, Ala., for defendant-third party plaintiff-appellant.

Wm. D. Melton, Evergreen, Ala., Richard Bounds, Mobile, Ala., for plaintiffs-appellees.

Before RONEY, TJOFLAT and HILL, Circuit Judges.

BY THE COURT:

IT IS ORDERED that appellees' motion for assessment of a penalty of $35,000 against the appellant is granted pursuant to Ala.Code § 12-22-72 (1975) and Proctor v. Gissendaner, 587 F.2d 182 (5th Cir. 1979).

JAMES C. HILL, Circuit Judge, specially concurring:

Because this panel is bound by the earlier decision of our court in Proctor v. Gissendaner, 587 F.2d 182

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