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JACOBS v. DEATON, INC.

No. 81-7062 Summary Calendar.

654 F.2d 385 (1981)

James JACOBS, Susan Jacobs, Plaintiffs-Appellants, v. DEATON, INC., Johnny W. Childress, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied October 5, 1981.

Attorney(s) appearing for the Case

Ernest De Pascale, Jr., Athens, Ga., for plaintiffs-appellants.

Smith, Cohen, Ringel, Kohler & Martin, Warren C. Fortson, Bruce H. Beerman, Atlanta, Ga., for defendants-appellees.

Before TJOFLAT, VANCE and THOMAS A. CLARK, Circuit Judges.

VANCE, Circuit Judge:

This is an appeal from a judgment entered on a directed verdict for defendants in a diversity case arising out of a motor vehicle collision. Concluding that the case should have been submitted to the jury we reverse.

Shortly before midnight on September 29, 1977 plaintiff James Jacobs was the driver and his wife, plaintiff Susan Jacobs, a passenger in an automobile proceeding north on U.S. Highway...

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