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LA PRELLE v. CESSNA AIRCRAFT CO.

No. 3425.

85 F.Supp. 182 (1949)

LA PRELLE v. CESSNA AIRCRAFT CO.

United States District Court D. Kansas, Second Division.

August 1, 1949.

Attorney(s) appearing for the Case

Wm. I. Robinson, of Adams, Jones, Robinson & Manka, Wichita, Kansas (Arnote, Arnote & Bratton, of McAlester, Oklahoma, on brief), for plaintiff.

Wm. Tinker, of Porter, McDonald & Tinker, Wichita, Kansas, for defendant.

MELLOTT, District Judge.

The present issue, raised by a motion of the defendant to strike, is whether, in a diversity case, 28 U.S.C.A. § 1332, brought by a widow to recover for the wrongful death of her husband, the lex loci or the lex fori controls. The Oklahoma statutes1 are pleaded. They are similar to the Kansas statutes2 in most respects, the difference important here being that under the Kansas...

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