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CORLEY v. BURGER KING CORP.

No. 94-60755 Summary Calendar.

56 F.3d 709 (1995)

Reid CORLEY, Plaintiff-Appellant, v. BURGER KING CORPORATION, Defendant-Appellee. Jerry SMITH, Plaintiff-Appellant, v. BURGER KING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 6, 1995.

Attorney(s) appearing for the Case

Al Shiyou, Hattiesburg, MS, for appellants.

Dorrance Dee Aultman, Jr., Robert P. Myers, Jr., Aultman, Tyner, McNeese & Ruffin, Ltd., P.L.C., Gulfport, MS, for appellee.

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.

PER CURIAM:

Jerry Smith and Reid Corley filed suit against the Burger King Corporation, alleging that while John LeBlanc, manager of the Bay St. Louis Burger King, was acting within the course and scope of his employment, he was involved in a car wreck with Smith and Corley. The district court found that Smith and Corley could not rely on hearsay to establish that LeBlanc was acting within the course and scope of his employment at the time of the accident. Finding...

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