Washington Law Review


Marsden v. Patane, 369 F.2d 439 (5th Cir. 1966) (2-1 decision), was decided December 13, 1966, and printed by West Publishing Company in advance sheet 369 F.2d No. 2, dated February 6, 1967. The court reversed summary judgment for plaintiff in a wrongful death action on the ground that under applicable Florida law running a stop sign is only prima facie evidence of negligence, and therefore should be considered by the jury along with evidence (1) of defendant's unfamiliarity with the area of the accident, (2) that a vehicle in front of the defendant has misled defendant by failing to stop, and (3) that another car had distracted defendant's attention. When the bound and permanent volume identified as 369 F.2d appeared, Marsden v. Patane was missing. The space it had occupied in the February 6 advance sheet contains In re Lenrick Sales, Inc., a bankruptcy case decided February 15, 1967, by the Court of Appeals for the Third Circuit. Lenrick Sales had first appeared in advance sheet 373 F.2d No. 3, dated April 24, 1967 (pages 361-536) which contains following page 536 a sheet labelled "APPENDIX." The appendix is Lenrick Sales with running head: "Cite as 369 F.2d 439 (1967)." The pages are numbered 439 through 443; the first and last pages are partially filled and the print position corresponds to Marsden v. Patane in advance sheet 369 F.2d No. 2.

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