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KENNEY v. LEWIS REVELS RARE COINS, INC.

No. 83-8121.

741 F.2d 378 (1984)

Wayne E. KENNEY and Linda A. Kenney, Plaintiffs-Counterclaim Defendants-Appellees, v. LEWIS REVELS RARE COINS, INC., Defendant-Appellant. Paul WHITING, Defendant-Counterclaim Plaintiff-Cross-Claim Defendant-Appellee, v. William E. HARGRAVES, Defendant-Counterclaim Plaintiff-Cross-Claim Plaintiff-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 11, 1984.

Attorney(s) appearing for the Case

George H. Connell, Jr., Atlanta, Ga., for Paul Whiting.

Ben L. Weinberg, Jr., Marvin A. Devlin, W. Anthony Moss, Atlanta, Ga., for Lewis Revels Rare Coins.

Al Bridges, Arthur H. Glaser, B. Holland Pritchard, William C. Lanham, W. Wray Eckl, Atlanta, Ga., for Hargraves.

Before GODBOLD, Chief Judge, HILL, Circuit Judge, and THORNBERRY, Senior Circuit Judge.

GODBOLD, Chief Judge:

In this case we review a jury verdict and award in favor of plaintiffs against Lewis Revels Rare Coins, Inc. and its two employees, Paul Whiting and William Hargraves. We affirm the judgment with respect to awards against Revels and Whiting. With respect to Hargraves, the trial court's instructions improperly allowed the jury to impute to Hargraves the negligence of his co-employee Whiting, who was driving the truck at the time of the accident...

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