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LUTH v. ROGERS AND BABLER CONSTRUCTION COMPANY

Nos. 1621, 1623.

507 P.2d 761 (1973)

Anthony LUTH and Jeannette Luth, Appellants, v. ROGERS AND BABLER CONSTRUCTION COMPANY, Appellee. ROGERS AND BABLER CONSTRUCTION COMPANY, Appellant, v. Anthony LUTH and Jeannette Luth, Appellees.

Supreme Court of Alaska.

March 19, 1973.

Attorney(s) appearing for the Case

William M. Erwin, Anchorage, for appellants Anthony annd Jeannette Luth in No. 1621, and appellees in No. 1623.

Charles P. Flynn, Burr, Pease & Kurtz, Inc., Anchorage, for appellee Rogers and Babler Constr. Co. in No. 1621, and appellant in No. 1623.

Before RABINOWITZ, C.J., CONNOR and BOOCHEVER, JJ.

OPINION

RABINOWITZ, Chief Justice.

Anthony and Jeannette Luth were driving south on the Seward Highway when their car collided with another driven by Wayne Jack and owned by John and Freida Knox. The accident occurred approximately two miles north of Twenty Mile Creek when Jack attempted to pass another vehicle going north. On the day of the accident, and for the previous six weeks, Wayne Jack was employed by Rogers and Babler Construction Company as a flagman...

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