HIGGINS v. HICKS CO.

Nos. 83-2104, 83-2105.

756 F.2d 681 (1985)

Linda HIGGINS, as Trustee for the Heirs and Next of Kin of Steven Martinez, and as Personal Representative for the Estate of Steven Martinez, Decedent, Appellant, v. The HICKS COMPANY and The State of South Dakota, Appellees. Mallard TEAL, Appellant, v. The HICKS COMPANY and the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1985.


Attorney(s) appearing for the Case

David O'Connor, Woodbury, Minn., for appellant.

Franklin J. Wallahan and Scott Sumner, Rapid City, S.D., for appellees.

Before HEANEY, ROSS and FAGG, Circuit Judges.


FAGG, Circuit Judge.

Linda Higgins, trustee of the heirs and personal representative of the estate of Steven Martinez, and Mallard Teal (plaintiffs) appeal from a jury verdict in favor of The Hicks Company and the State of South Dakota (defendants). Higgins and Teal raise numerous grounds of error on appeal. Our primary concern is with the contention that they did not receive a fair trial due to certain closing argument comments made by The Hicks Company's counsel...

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