FITZWATER v. LAMBERT AND BARR, INC.

Civ. No. 81-4076.

539 F.Supp. 282 (1982)

Donald M. FITZWATER and Barbara Fitzwater, Plaintiffs, v. LAMBERT AND BARR, INC. and Wausau Insurance Companies, Defendants.

United States District Court, W. D. Arkansas, Texarkana Division.

May 7, 1982.


Attorney(s) appearing for the Case

E. Ben Franks, Arnold, Lavender, Rochelle, Barnette & Franks, Texarkana, Ark., for plaintiffs.

Marshall H. Moore, Dowd, Harrelson & Moore, Texarkana, Ark., for defendants.


MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

Introduction

This action was brought by plaintiffs, Donald M. Fitzwater and his wife, Barbara Fitzwater, pursuant to 28 U.S.C. § 1332, based upon complete diversity of citizenship, arising from an automobile accident which occurred on U. S. Highway 82 near Stamps, Arkansas. Plaintiffs assert that the negligence of Arvie Johnson, an employee of Lambert and Barr, Inc., was the proximate...

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