PHŒNIX BLUE DIAMOND EXPRESS v. MENDEZ

No. 8953.

103 F.2d 66 (1939)

PHŒNIX BLUE DIAMOND EXPRESS v. MENDEZ, and four other cases.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 4, 1939.


Attorney(s) appearing for the Case

Henderson Stockton, Eli Gorodezky, S. N. Karam, and J. W. Cherry, Jr., all of Phoenix, Ariz., for appellant.

Minne & Sorenson and George T. Wilson, all of Phoenix, Ariz., for appellees.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

Five suits growing out of a single highway accident were brought against appellant in the Arizona state court. Four were for damages for personal injuries, the fifth for death. The suits were removed to the federal court on grounds of diversity of citizenship and there consolidated for trial. Verdicts were returned in favor of the complaining parties in all of them.

The suits were predicated on the negligence of appellant's employee....

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