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BROADWATER v. COLEMAN

No. 5062.

224 F.2d 186 (1955)

Faye BROADWATER, Appellant, v. James P. COLEMAN, Appellee.

United States Court of Appeals Tenth Circuit.

June 23, 1955.

Attorney(s) appearing for the Case

Payne H. Ratner, Jr., Wichita, Kan. (Louise Mattox, Payne H. Ratner, Russell Cranmer, Dale B. Stinson, Jr., Keith Eales, Cliff W. Ratner, William L. Fry, and A. Wayne Murphy, Wichita, Kan., on the brief), for appellant.

Thomas M. Lillard, Topeka, Kan., and Arthur S. Humphrey, Junction City, Kan. (O. B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, Jr., Sidney C. Hunt, Topeka, Kan., and James V. Humphrey, Junction City, Kan., on the brief), for appellee.

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

PICKETT, Circuit Judge.

The plaintiff, widow and sole heir of James Broadwater, brought this action to recover damages for his death. Broadwater was the official Court Reporter for the Eighth Judicial District of the State of Kansas and was killed when an automobile driven by the defendant collided with a concrete abutment. The defendant was the judge of the same district. The complaint does not allege that the defendant was guilty of gross or wanton negligence in...

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