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NEWCOMB v. NORTH EAST INS. CO.

No. 83-3072.

721 F.2d 1016 (1983)

Sally S. NEWCOMB, individually and in her capacity as Legal Guardian of Shannon Lynn Newcomb, Plaintiff-Appellant, v. NORTH EAST INSURANCE COMPANY, Etc., et al., Defendants, Owens and Sons, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 27, 1983.

Attorney(s) appearing for the Case

George M. Strickler, Jr., New Orleans, La., T. Mack Brabham, McComb, Miss., for plaintiff-appellant.

Joseph S. Palermo, Jr., Metairie, La., for Owens & Sons, Inc.

Before REAVLEY, RANDALL and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The question before the court is the narrow one of whether the district court properly determined that there existed no genuine issue of material fact, thus making summary judgment appropriate. We conclude that summary judgment should not have been granted.

I

Sally Newcomb, individually and as guardian of her minor daughter Shannon, sued for damages for an automobile accident in which Willie Wayne Newcomb,...

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