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MALLORY v. PIONEER SOUTHWESTERN STAGES

Nos. 503, 504.

54 F.2d 559 (1931)

MALLORY v. PIONEER SOUTHWESTERN STAGES, Inc., et al. MORRIS v. SAME.

Circuit Court of Appeals, Tenth Circuit.

December 11, 1931.

Attorney(s) appearing for the Case

Pearce C. Rodey, of Albuquerque, N. M. (Jos. L. Dailey, of Albuquerque, N. M., F. P. Sizer, H. A. Gardner, and D. A. Lockmiller, all of Monett, Mo., on the brief), for appellants.

E. R. Wright, of Santa Fé, N. M. (Donovan N. Hoover, of Santa Fé, N. M., on the brief), for appellees.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

PHILLIPS, Circuit Judge.

These are actions to recover damages for alleged wrongful deaths. They involve the same question, and were argued and submitted together. The trial court sustained demurrers to the amended complaints. Appellants elected not to plead further, and judgments of dismissal were entered.

The material facts, as set forth in such amended complaints, are as follows: On April 11, 1930, appellees, Arizona corporations, were operating a motor...

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