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STEWART v. FERER

No. 3468.

163 F.2d 183 (1947)

STEWART v. FERER.

Circuit Court of Appeals, Tenth Circuit.

July 28, 1947.

Attorney(s) appearing for the Case

B. H. Carey and John Cantrell, both of Oklahoma City, Okl. (Cantrell, Carey & McCloud, of Oklahoma City, Okl., on the brief), for appellant.

Clayton B. Pierce, of Tulsa, Okl. (Truman B. Rucker, of Tulsa, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

This action was instituted in the district court of Cleveland County, Oklahoma, by J. W. Stewart against Harvey Dean Ferer for the recovery of damages for personal injuries suffered by plaintiff as the result of being struck by an automobile driven by defendant. Plaintiff was a citizen of Oklahoma, and defendant was a citizen of Nebraska. Service of process was had upon the defendant in Oklahoma, and seasonably thereafter he filed a petition...

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