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PRITCHETT v. KIMBERLING COVE, INC.

Nos. 76-1912, 76-1913 and 76-2014.

568 F.2d 570 (1977)

Joseph H. PRITCHETT and Vivian M. Pritchett, Plaintiffs-Appellees, and Margaret Ann Pritchett, Plaintiff-Appellee, v. KIMBERLING COVE, INC., Defendant-Appellant, and Dando Enterprises, Ltd. and Charles J. Dando, Defendants-Appellees, and In the Matter of the Complaint of Recreation Unlimited, Inc. (now Dando Enterprises, Ltd.), owner of a 1971 Classic 170 Motorboat, No. 17071681, Missouri Registry No. MO 4164 GG, for Exoneration From or Limitation of Liability, Appellee, Joseph H. Pritchett, Vivian M. Pritchett, Margaret Ann Pritchett, Charles J. Oldham, Roma M. Oldham, and Mike Oldham, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1977.

Rehearing Denied January 18, 1978.

As Modified on Denial of Rehearing and Rehearing January 30, 1978.

Attorney(s) appearing for the Case

Donald E. Bonacker, Springfield, Mo., for Pritchett; Bonacker & Reynolds, Springfield, Mo., on the brief.

James H. Horn, Kansas City, Mo., for Kimberling Cove, Inc.; Charles A. Schliebs, Kansas City, Mo., on the brief.

Glenn A. Burkart, Springfield, Mo., for appellee Charles J. Dando; Wallace Walter, Springfield, Mo., on the brief.

Glenn E. McCann, Kansas City, Mo., for Recreation Unlimited, Inc.; Stephen D. Manz and James E. Welsh, Kansas City, Mo., on the brief.

James K. Prewitt of Prewitt, Jones & Karchmer, Springfield, Mo., on brief of Mike Oldham, Charles J. Oldham and Roma Oldham.

Before MATTHES, Senior Circuit Judge, BRIGHT, Circuit Judge, and MILLER, Judge.

Rehearing En Banc Denied in No. 76-1912 January 18, 1978.

As Modified on Denial of Rehearing and Rehearing En Banc in No. 76-1913 January 30, 1978.

MILLER, Judge.

This group of consolidated appeals is from the judgment of the district court (opinion unpublished).1 The cases arose out of a tragic collision between two motorboats on Lake Tablerock in Missouri shortly after dark on August 7, 1971.

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