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BROWN v. CITIES SERVICE OIL CO.

No. 82-2440.

733 F.2d 1156 (1984)

Creed F. BROWN, Plaintiff-Appellee, v. CITIES SERVICE OIL COMPANY, Defendant/Third Party Plaintiff-Appellant, v. AUGENSTEIN CONSTRUCTION COMPANY, INC., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 12, 1984.

Attorney(s) appearing for the Case

Kent E. Westmoreland, Houston, Tex., for defendant/third party plaintiff-appellant.

Tonahill, Hile & Leister, Joe H. Tonahill, Jasper, Tex., for Brown.

Rienstra, Rienstra & Dowell, Gerald R. Flatten, Beaumont, Tex., for Augenstein.

Before POLITZ, JOHNSON and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 12, 1984.

POLITZ, Circuit Judge:

In this diversity negligence action, defendant Cities Service Company, a/k/a Cities Service Oil Company, appeals the district court's entry of a judgment non obstante veredicto in favor of the plaintiff Creed F. Brown and the third-party defendant Augenstein Construction Company, Inc. Concluding that the district court erroneously applied the substantive tort law of Texas instead...

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