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SCHWARTZ v. SEARS, ROEBUCK & CO.

No. 80-1951.

669 F.2d 1091 (1982)

Robin Craig SCHWARTZ, Plaintiff-Appellee, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellant, The Aetna Casualty & Surety Company, Intervenor.

United States Court of Appeals, Fifth Circuit. Unit A

March 12, 1982.

Attorney(s) appearing for the Case

Arlen D. Bynum, Royal H. Brin, Jr., Dallas, Tex., for defendant-appellant.

Scott McDowell, Dallas, Tex., for intervenor Aetna Cas. & Sur. Co.

Martin, Sperry & Leboeuf, Derral K. Sperry, Houston, Tex., for plaintiff-appellee.

Before CHARLES CLARK, TATE and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Robin Schwartz filed this diversity action against Sears seeking actual and exemplary damages for injuries that she sustained in a freeway accident on March 31, 1978. Schwartz was driving her Chevrolet down the North Central Expressway in Dallas when a wrecker truck owned by Sears, driven by a Sears employee, and pulling a disabled Sears truck crossed over the freeway median and collided with Schwartz. Schwartz' complaint alleged...

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