Legal Opinion

James F. McDevitt and Wife, Veva L. McDevitt v. Standard Oil Company of Texas

Court of Appeals for the Fifth Circuit

Decided February 28, 1968No. 24594_1PublishedCited by 32 opinions

1Opinion of the Court

GEWIN, Circuit Judge:

This is an appeal from a final judgment entered on a jury verdict returned in the United States District Court for the Western District of Texas in favor of the defendant below, Standard Oil Company of Texas. Standard Oil impleaded United States Rubber Company as manufacturer and Preston Lee Howard as the retailer of the automobile tires involved in this litigation. 1 The plaintiffs, James F. Mc-Devitt and wife, individually and as next friends of their minor children (appellants), sought recovery on a strict liability theory in tort for injuries to persons and property…

2Cases cited8 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
  3. Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
  4. Helene Curtis Industries, Inc. And Cosmair, Inc. v. Edd Pruitt and Marjorie Ann PruittCourt of Appeals for the Fifth Circuit · 1968
  5. Shamrock Fuel & Oil Sales Co. v. TunksTexas Supreme Court · 1967

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3Cited by32 opinions

  1. Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
  2. Rourke v. GarzaTexas Supreme Court · 1975
  3. Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  4. Bachner v. PearsonAlaska Supreme Court · 1970
  5. Butaud v. Suburban Marine & Sporting Goods, Inc.Alaska Supreme Court · 1976

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