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SWINGER v. FIRMAN EQUIPMENT CORPORATION

No. 6285.

94 F.2d 269 (1938)

SWINGER v. FIRMAN EQUIPMENT CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 14, 1938.

Attorney(s) appearing for the Case

David E. Rosenfeld, of Terre Haute, Ind., Claycombe & Stump, of Indianapolis, Ind., and Acton, Acton & Baldwin, of Danville, Ill., for appellant.

Cotton & Nichols, of Paris, Ill., and Jones, Grant & Jones, of Danville, Ill. (Paul F. Jones, of Danville, Ill., and Robert F. Cotton and Harold E. Nimz, both of Paris, Ill., of counsel), for appellee.

Before EVANS, SPARKS and MAJOR, Circuit Judges.

SPARKS, Circuit Judge.

This action involves an award of damages to appellee against appellant. It was based upon the alleged negligence of appellant's agent, Pierce, in the operation of its motor truck, which caused the death of appellee's husband. The cause was tried to a jury and a verdict was rendered in favor of appellee for the benefit of herself and infant son. Judgment was thereupon rendered upon the verdict for appellee, and from that judgment this appeal...

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