Mrs. Mary Louise Miller, Etc. v. Alexandria Truck Lines, Inc.
Mrs. Mary Louise Miller, Etc. v. Alexandria Truck Lines, Inc.
274 F.2d 942; 1960 U.S. App. LEXIS 5169
(Federal Reporter, Second Series)
Mrs. Mary Louise Miller, Etc. v. Alexandria Truck Lines, Inc.
Opinion
In our original opinion we erroneously referred to the deceased as Roy Wind-ham and to his twin brother as Ray Windham, whereas it was Ray Windham who was killed in the accident, and his twin brother, Roy Windham, volunteered testimony by affidavit on the motion for new trial. The opinion is corrected accordingly. 273 F.2d 897.
We remain convinced that the entire judgment should be reversed and the cause remanded for a new trial. Compare Atlantic Coast Line R. Co. v. Bennett, 4 Cir., 1958, 251 F.2d 934, 938, 939. The petition for rehearing is
Denied.
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