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EEN v. CONSOLIDATED FREIGHTWAYS

No. 15137.

220 F.2d 82 (1955)

Clarence O. EEN, a person of unsound mind and an incompetent, by Shirley A. Een, his guardian ad litem, and Shirley A. Een, individually, and as trustees for the State of North Dakota, doing business as the North Dakota Workmen's Compensation Bureau, and as the North Dakota Workmen's Compensation Fund; also North Dakota Workmen's Compensation Bureau, Appellants, v. CONSOLIDATED FREIGHTWAYS, a foreign corporation; and Walter Dulski, Appellees.

United States Court of Appeals, Eighth Circuit.

March 11, 1955.

Attorney(s) appearing for the Case

L. H. Oehlert, Fargo, N. D. (Nilles, Oehlert & Nilles, Fargo, N. D., and Paul M. Sand, Asst. Atty. Gen. for North Dakota, were with him on the brief), for appellants.

J. F. X. Conmy, Fargo, N. D. (Hyland, Foster & Conmy, Bismarck, N. D., were with him on the brief), for appellees.

Before GARDNER, Chief Judge, and JOHNSEN, and COLLET, Circuit Judges.

GARDNER, Chief Judge.

This was an action by Clarence O. Een brought by his guardian ad litem and by his wife, Shirley A. Een, individually, to recover damages on account of personal injuries suffered by said Clarence O. Een as the result of a collision between an automobile driven by him and a tractor-trailer owned by Consolidated Freightways and driven by Walter Dulski. The collision was alleged to have occurred on U. S. Highway No. 10 at a point on said highway...

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