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DAY v. NEWTON

Nos. 2852, 2853.

142 F.2d 582 (1944)

DAY et al. v. NEWTON. HIGHWAY INSURANCE UNDERWRITERS v. SAME.

Circuit Court of Appeals, Tenth Circuit.

May 13, 1944.

Attorney(s) appearing for the Case

Irwin Snattinger and Roy N. McCue, both of Topeka, Kan., for appellants.

Alex Hotchkiss, of Lyndon, Kan., and Robert Stone, of Topeka, Kan. (James A. McClure, Robert L. Webb, Beryl R. Johnson, and Ralph W. Oman, all of Topeka, Kan., on the brief), for appellees.

Before PHILLIPS and HUXMAN, Circuit Judges, and RICE, District Judge.

HUXMAN, Circuit Judge.

Plaintiffs, Leoto Newton and B. M. Newton, instituted their separate actions in the United States District Court for the District of Kansas to recover damages resulting from a collision between a trailer truck operated by the defendant H. A. Day, and an automobile which was being driven by plaintiff B. M. Newton. The two causes of action were consolidated for trial and were tried to the court. The collision occurred between the trailer part...

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