ROBBINS v. WHELAN

No. 79-1647.

653 F.2d 47 (1981)

Larry W. ROBBINS, et al., Plaintiffs, Appellants, v. Robert W. WHELAN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

July 7, 1981.


Attorney(s) appearing for the Case

Robert W. MacDonald, Bourne, Mass., on brief for appellants.

Thomas D. Burns, James F. Kavanaugh, Jr., and Burns & Levinson, Boston, Mass., on brief for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


COFFIN, Chief Judge.

After rehearing and the submission of briefs we withdraw our first opinion and issue the following decision.

This appeal stems from an automobile accident involving a 1971 Mercedes car driven by the defendant-appellee, Robert Whelan, and a second car in which the two plaintiffs-appellants were passengers. The driver of the second car, Curtis Frye, is not a party to this suit. The accident took place as the Mercedes was traveling east on...

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