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PILGRIM v. FORTUNE DRILLING CO., INC.

No. 80-1710.

653 F.2d 982 (1981)

Burl D. PILGRIM and Martha Pilgrim, Plaintiffs-Appellees, v. FORTUNE DRILLING COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied October 1, 1981.

Attorney(s) appearing for the Case

Fillmore & Camp, H. Dustin Fillmore, Richard L. Scheer, Randy J. Hall, Fort Worth, Tex., for defendant-appellant.

Donald W. Griffis, San Angelo, Tex., for plaintiffs-appellees.

Before REAVLEY, RANDALL and SAM D. JOHNSON, Circuit Judges.

REAVLEY, Circuit Judge:

In this diversity case, defendant, Fortune Drilling Company, Inc., appeals an adverse judgment rendered after a jury trial, holding it both primarily and vicariously liable for the injuries of plaintiff, Burl D. Pilgrim, which were sustained when his vehicle was struck by a pickup truck owned and driven by Elbert Pillow, an employee of defendant.1 We reverse.

I.

The accident which is the basis...

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