SPENCER v. MADSEN

Nos. 2840, 2841.

142 F.2d 820 (1944)

SPENCER et al. v. MADSEN. SAME v. HEYNE SERVICE STATION, Inc.

Circuit Court of Appeals, Tenth Circuit.

May 15, 1944.


Attorney(s) appearing for the Case

J. B. McKay, of El Dorado, Kan., and A. R. Lamb, of Coffeyville, Kan. (E. E. Lamb, of Yates Center, Kan., on the brief), for appellants.

Wayne Coulson and Paul R. Kitch, both of Wichita, Kan. (John Hudson and Dean Frazier, both of Kansas City, Mo., and Howard T. Fleeson and Homer V. Gooing, both of Wichita, Kan., on the brief), for appellees.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


PHILLIPS, Circuit Judge.

Heyne Service Station, Inc.,1 a Nebraska corporation, brought an action against F. G. Spencer and Bertha Spencer to recover damages to a gasoline transport. Henry M. Madsen brought an action against the Spencers to recover damages for personal injuries. The damages to the gasoline transport and to Madsen resulted from the same accident. The two cases were consolidated for trial and were tried to the court without...

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