Mary Lucille Brabham, Appellant, v. Atlantic Coast Line Railroad Company and W. H. Hyman, Appellees, 271 F.2d 267 (5th Cir. 1959)

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U.S. Court of Appeals for the Fifth Circuit - 271 F.2d 267 (5th Cir. 1959) November 10, 1959

Appeal from the United States District for the Southern District of Georgia; Frank M. Scarlett, Judge.

Nelson Haslam, Savannah, Ga., for appellant.

Alex A. Lawrence, Bouhan, Lawrence, Williams, Levy & McAlpin, Savannah, Ga., for appellees.

Before RIVES, Chief Judge, and TUTTLE and JONES, Circuit Judges.

PER CURIAM.


The district court concluded, on the authority of Atlantic Coast Line R. Co. v. Futch, 5 Cir., 263 F.2d 701, certiorari denied 360 U.S. 935, 79 S. Ct. 1456, 3 L. Ed. 2d 1547, that the plaintiff had failed to make out a case of liability of the defendant and directed a verdict for the defendant on which judgment was entered. We agree that the cited case is controlling and the judgment of the district court is, therefore,

Affirmed.

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