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CLARKE v. TATUM

No. 8141.

284 F.2d 125 (1960)

Vernon CLARKE, Appellee, v. Joe D. TATUM, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 22, 1960.

Attorney(s) appearing for the Case

Preston P. Taylor, Norfolk, Va. (Taylor, Gustin & Harris, Norfolk, Va., on brief), for appellant.

Calvin W. Breit, Norfolk, Va. (Robert S. Cohen, and Amato, Babalas, Breit & Cohen, Norfolk, Va., on brief), for appellee.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and STANLEY, District Judge.

EDWIN M. STANLEY, District Judge.

The plaintiff, Vernon Clarke, a pedestrian, who was struck by a vehicle owned and operated by the defendant, Joe D. Tatum, while crossing a street in the City of Norfolk, Virginia, brought this action to recover damages for his injuries. The case was tried before the court without a jury. At the conclusion of plaintiff's evidence, and again at the conclusion of all the evidence, the defendant moved for a summary judgment in his favor...

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