Court of Appeals for the First Circuit July 7, 1981, 79-1647 (Larry W. Robbins v. Robert W. Whelan)

COFFIN, Chief Judge.

After rehearing and the submission of briefs we withdraw our first opinion and issue the following decision.

This appeal stems from an automobile accident involving a 1971 Mercedes car driven by the defendant-appellee, Robert Whelan, and a second car in which the two plaintiffs-appellants were passengers. The driver of the second car, Curtis Frye, is not a party to this suit.