Mary Katherine Hughes Et Vir. v. Mobil Oil Corporation

GODBOLD, Circuit Judge:

This is the second appearance of this case in this court. In the first appearance1 we concluded that the issue of the scope of employment of appellant’s employee Jurenka was a matter for the jury. We are presented with neither change in circumstances nor change in the governing law which might make it appropriate for us to conclude that the law of the case should not apply and that we now should reach the opposite conclusion. E. g., Lincoln National Life Insurance Company v. Roosth, 306 F.2d 110 (5th Cir. 1962).

The intervening case of Thomas v. Travelers Insurance…