DU VAUL v. MILLER

No. 7567.

114 F.Supp. 317 (1953)

DU VAUL et al. v. MILLER et al.

United States District Court W. D. Missouri, W. D.

On Motion to Set Aside Order July 21, 1953.


Attorney(s) appearing for the Case

James Patrick Quinn, Kansas City, Mo., for plaintiff.

John Alder, Kansas City, Mo., for Employers Mutual Liability Ins. Co., of Wis.

Popham, Thompson, Popham, Mandell & Trusty, Sam Mandell, Kansas City, Mo., for defendant.


REEVES, Chief Judge.

The defendants have filed their motion for judgment on the pleadings and have supported same by a tender of depositions, affidavits, and an extensive brief on the law.

The only question in the case is whether, upon the undisputed facts, the plaintiff, in any view of the case, is entitled to recover.

It is charged by plaintiff that on the 28th day of September, 1951, in Kansas City, Clay County, Missouri, "the defendants by and...

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