444 F.2d 254 (5th Cir. 1971), 71-1625, Castro v. Texas Ed. Foundation, Inc.

Docket Nº:71-1625[*]
Citation:444 F.2d 254
Party Name:Conception CASTRO, Plaintiff-Appellant, v. TEXAS EDUCATION FOUNDATION, INC., and R. H. Strickland, Defendants-Appellees.
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 254

444 F.2d 254 (5th Cir. 1971)

Conception CASTRO, Plaintiff-Appellant,

v.

TEXAS EDUCATION FOUNDATION, INC., and R. H. Strickland, Defendants-Appellees.

No. 71-1625 [*]

United States Court of Appeals, Fifth Circuit.

1971

Warren Weir, Arthur Gochman, San Antonio, Tex., for plaintiff-appellant.

Theo. F. Weiss, Charles L. Smith, San Antonio, Tex., for defendants-appellees; Clemens, Knight, Weiss & Spencer, San Antonio, Tex., of counsel.

Appeal from United States District Court, Western District of Texas; Darwin W. Suttle, District Judge.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

PER CURIAM:

The district court did not err in granting summary judgment for defendant Texas Educational Foundation, Inc., in this diversity case. There was no genuine issue as to any material fact and it appeared as a matter of law that defendant Strickland was not within the scope of his employment at the time of the injury to Jesse Castro.

Affirmed.


Notes:

[*]Rule 18, 5th Cir.; Isbell Enterprises v. Citizens Cas. Co. of N.Y., 431 F.2d 409, Part I (5th Cir. 1970).


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