# Record and brief — Clark v. Payne

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385008_0408%3A0

## Record

- **Collection:** Supreme Court brief
- **Document type:** Record and brief
- **Published:** January 1, 1981
- **Citation:** 454 U.S. 1054

## Text

UOIN8d

81-5 74

ALLAANBE!

Office Supreme Court, U.S,

I LED

SEP 16 1981

RL. STEVAS,
K

No.

IN THE
Supreme Court of the United States
OCTOBER TERM, 1981

FRED G. CLARK, Father of
Michael Ray Clark, Deceased

Petitioners
versus
SHIRLEY D. PAYNE,

Respondent

Petition for Writ of Certiorari to the United States
Court of Appeals for the Fifth Circuit

MICHAEL R. EUBANKS
Eubanks, Temple & Hudson
P.O. Box 696

Purvis, Mississippi 39475
Telephone 601-794-8003
ATTORNEY FOR PETITIONER

QUESTIONS PRESENTED

1. Was the Petitioner denied his fundamental rights of due
process of law as guaranteed by the Fifth Amendment in that
the jury in the District Court below was erroneously instructed
as to the applicable law in Mississinpi under the doctrine
adhered to by Erie Railroad Co. v. Tompkins 304 U. S. 64
(1938), concerning the legal reasonable standard of duty ofa
driver executing a turn across an oncoming lane of a public
throughfare into a private driveway?

2. Was the Petitioner denied his fundamental rights of due
process of law as guaranteed by the Fifth Amendment because
of the adverse and biased affect of opposing counsel, Harry R.
Allen's name being proffered for the position of United States
Circuit Judge for the Fifth Circuit which fact was known in the
inner judicial circles of the Fifth Circuit, but unknown to the
Petitioner or his counsel at the time of hearing and judgment of
the Fifth Circuit Court of Appeals?

TABLE OF CONTENTS

Page
SEIT .
Dated this . day of September, A.D., 1981.

Wht @ Ede

Counsel for Petitioner

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385008_0408%3A0. Public record. Not legal advice.