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GROUNDS v. ROTH

Nos. 4734, 4735.

210 F.2d 239 (1954)

GROUNDS v. ROTH. WILSON & CO., Inc. et al. v. FRANTZ.

United States Court of Appeals Tenth Circuit.

February 2, 1954.

Attorney(s) appearing for the Case

Robert D. Looney and Paul C. Duncan, Oklahoma City, Okl. (Clayton B. Pierce, Fred M. Mock and James W. Shepherd, Oklahoma City, Okl., on the brief), for appellants.

John F. Butler, Oklahoma City, Okl. (Butler, Rinehart & Morrison, Oklahoma City, Okl., on the brief), for appellees.

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

HUXMAN, Circuit Judge.

These were actions for personal injuries arising out of a collision between two trucks on U. S. Highway No. 81 about 1.5 miles North of the town of Renfrow, Oklahoma. The accident occurred about 10:20 p. m. Appellee, Eldo Frantz, in the course of his employment was driving a truck, the property of Irene Roth and Cy Roth, d/b/a The Mid-Kansas Hatchery and Produce Company. He had left the emergency brake on, causing the brake band lining to catch...

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