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SOKOLOWSKI v. FLANZER

Nos. 84-1579(L), 84-1603.

769 F.2d 975 (1985)

Adolph Benjamin SOKOLOWSKI; Rosemarie Sokolowski; Adolph Benjamin Sokolowski, father, next friend, and natural guardian of Laura Sokolowski, a minor; Adolph Benjamin Sokolowski, father, next friend, and natural guardian of Anthony Sokolowski, a minor; and Adolph Benjamin Sokolowski and Rosemarie Sokolowski, jointly as husband and wife, Appellees, v. Joseph FLANZER, Esquire, Executor of the Estate of Josephine D. Gagnon, Appellant, and James I. Taliaferro, Jr.; and Smithfield Packing Company, Defendants. Adolph Benjamin SOKOLOWSKI; Rosemarie Sokolowski; Adolph Benjamin Sokolowski, father, next friend, and natural guardian of Laura Sokolowski, father, and next friend, and natural guardian of Anthony Sokolowski, a minor; and Adolph Benjamin Sokolowski and Rosemarie Sokolowski, jointly as husband and wife, Appellants, v. Joseph FLANZER, Esquire, Executor of the Estate of Josephine D. Gagnon; James I. Taliaferro, Jr.; and Smithfield Packing Company, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 7, 1985.

Attorney(s) appearing for the Case

Jerome E. Michaelson, Baltimore, Md., for appellant.

Lawrence E. Engel, Sally Samuel, Baltimore, Md. (Whiteford, Taylor, Preston, Trimble & Johnson, Baltimore, Md., on brief) for appellee.

Before PHILLIPS, SPROUSE, and ERVIN, Circuit Judges.

SPROUSE, Circuit Judge:

Adolph Benjamin Sokolowski and his wife, Rosemarie Sokolowski, brought this diversity action against James I. Taliaferro, Smithfield Packing Company, and Joseph Flanzer, the executor of the estate of Josephine Gagnon, for injuries suffered when the Sokolowskis' automobile collided with a car driven by Josephine Gagnon, who was killed in the accident.

On July 7, 1980, James Taliaferro, a truck driver employed by Smithfield Packing Company...

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