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CHAMPLIN REFINING CO. v. THOMAS

No. 1541.

93 F.2d 133 (1937)

CHAMPLIN REFINING CO. v. THOMAS.

Circuit Court of Appeals, Tenth Circuit.

November 23, 1937.

Attorney(s) appearing for the Case

Horace G. McKeever, of Enid, Okl. (Eugene S. Champlin and Nathan Scarritt, both of Enid, Okl., on the brief), for appellant.

William M. Thomas, of Miami, Okl., for appellee.

Before PHILLIPS and BRATTON, Circuit Judges, and SYMES, District Judge.

PHILLIPS, Circuit Judge.

This is an action to recover damages for personal injuries to George Colvard, a minor, alleged to have been caused by the negligence of the Champlin Refining Company. The action was commenced by a next friend. Prior to the trial Thomas was appointed as guardian ad litem for Colvard and was substituted as party plaintiff.

At the close of the evidence the Champlin Company moved for a directed verdict in its favor. The motion was denied...

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