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ARCHER v. PAVEMENT SPECIALIST, INC.

No. 01-2094.

278 F.3d 845 (2002)

David Allen ARCHER; Sonia D. Archer, Plaintiffs-Appellees, v. PAVEMENT SPECIALIST, INC., Defendant-Appellant. v. Shirley A. Sossamon, Third-Party Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 30, 2002.

Attorney(s) appearing for the Case

Joel David Johnson, argued, Fort Smith, AR, for appellant.

Edward J. Kionka, argued Carbondale, IL (S. Daniel George, H. Ray Hodnett, Mark S. Thetford, on the brief), for appellee.

Before LOKEN and BYE, Circuit Judges, and BOGUE, District Judge.

PER CURIAM.

David and Sonia Archer's children were killed when a car driven by Shirley Sossamon rear-ended the Archers' car on interstate highway 40. The Archers filed this wrongful death action against Pavement Specialist, Inc. ("PSI"), a contractor performing repairs on I-40. PSI filed a third-party claim against Sossamon, but the Archers did not assert a negligence claim against Sossamon, presumably because that would...

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