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METZGER v. HOSSACK

No. 13596.

165 F.2d 1 (1948)

METZGER v. HOSSACK.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 5, 1948.

Writ of Certiorari Denied March 29, 1948.

Attorney(s) appearing for the Case

George J. Danforth, of Sioux Falls, S. D. (G. J. Danforth, Jr., of Sioux Falls, S. D., on the brief), for appellant.

Holton Davenport, of Sioux Falls, S. D. (Ellsworth E. Evans and Louis R. Hurwitz, both of Sioux Falls, S. D., on the brief), for appellee.

Before SANBORN, WOODROUGH, and COLLET, Circuit Judges.

Writ of Certiorari Denied March 29, 1948. See 68 S.Ct. 745.

WOODROUGH, Circuit Judge.

James W. Hancer was burned to death in a fire which occurred in a motion picture theater in Gregory, South Dakota, where he was employed as the operator of projection machines. This action against Roy C. Metzger, the owner of the theater, for damages for Hancer's death was brought by the appellee as administratrix of Hancer's estate. Jurisdiction of the Federal court is based...

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