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THIRINGER v. BARLOW

No. 4601.

205 F.2d 476 (1953)

THIRINGER v. BARLOW et al.

United States Court of Appeals Tenth Circuit.

June 22, 1953.

Attorney(s) appearing for the Case

George F. Guy, Cheyenne, Wyo. (Guy & Phelan, Walter B. Phelan, Cheyenne, Wyo., George F. Harsh, Denver, Colo., were with him on the brief), for appellant.

Edward T. Lazear, Cheyenne, Wyo. (Loomis, Lazear & Wilson, Cheyenne, Wyo., were with him on the brief), for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

William Barlow and Stella Barlow, husband and wife, instituted this action against Elmer Thiringer, doing business as Wray Oil Company, to recover damages arising out of a traffic accident which occurred in Wyoming. Primary negligence on the part of the defendant was denied; contributory negligence on the part of plaintiffs was pleaded; and by cross complaint, damages for injury to defendant's motor vehicle were sought. The jury returned a...

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