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JONES v. DREWRY'S, LIMITED, U. S. A.

No. 8602.

149 F.2d 250 (1945)

JONES v. DREWRY'S, LIMITED, U. S. A., Inc.

Circuit Court of Appeals, Seventh Circuit.

May 15, 1945.

Attorney(s) appearing for the Case

Lenn J. Oare, of South Bend, Ind. (Seebirt, Oare & Deahl, of South Bend, Ind., of counsel), for appellant.

M. Edward Doran, of South Bend, Ind., and Ben Schwartz, of Cleveland, Ohio (Rocker & Schwartz, of Cleveland, Ohio and Doran & Manion, of South Bend, Ind., of counsel), for appellee.

Before SPARKS and MINTON, Circuit Judges, and LINDLEY, District Judge.

MINTON, Circuit Judge.

The plaintiff sued the defendant under a statute of Indiana1 for the wrongful death of his son. The jurisdiction was based upon diversity of citizenship, and in the complaint it was alleged that the matter in controversy was in excess of $3,000, and judgment was prayed for in the sum of $10,000. Trial was had by jury and the jury returned a verdict for the plaintiff in the sum of $2,500. The defendant made a motion...

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