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PHILLIPS v. UNIJAX, INC.

No. 79-2004.

625 F.2d 54 (1980)

Jane Bartlett PHILLIPS, as Executrix of the Estate of Peter Richard Phillips, Deceased, et al., Plaintiffs-Appellants, v. UNIJAX, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 28, 1980.

Attorney(s) appearing for the Case

Cunningham, Bounds, Byrd, Yance & Crowder, James A. Yance, D. Richard Bounds, Mobile, Ala., for plaintiffs-appellants.

James J. Duffy, Jr., E. L. McCafferty, III, Carroll H. Sullivan, Mobile, Ala., for defendant-appellee.

Cooper C. Thurber, Mack B. Binion, Mobile, Ala., for other interested parties.

Before HILL, RUBIN and ANDERSON, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Peter Richard Phillips died of injuries sustained in an automobile accident. His survivors sued both the driver [Carner] and the driver's employer, appellee Unijax, Inc., for wrongful death. The action originated in Alabama Circuit Court. Plaintiffs' complaint, as amended, identically charged each defendant with "negligently" and "wantonly" injuring the deceased. Some three years into the litigation, plaintiffs successfully moved that...

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