CHURCH v. INGERSOLL

Nos. 5298, 5299.

234 F.2d 176 (1956)

Kiamichie CHURCH and Janella Church, Appellants, v. Windrop INGERSOLL and Frances W. Ingersoll, Appellees (two cases).

United States Court of Appeals Tenth Circuit.

May 22, 1956.


Attorney(s) appearing for the Case

Robert A. Neeb, Jr., Beverly Hills, Cal., and Floyd L. Rheam, Tulsa, Okl. (Jerry Giesler, Beverly Hills, Cal., and Valjean Biddison, Tulsa, Okl., were with them on the brief), for appellants.

Bryan W. Tabor, Tulsa, Okl. (Truman B. Rucker, Tulsa, Okl., and Ralph Brainard, Claremore, Okl., were with him on the brief), for appellees.

Before MURRAH and PICKETT, Circuit Judges, and HILL, District Judge.


MURRAH, Circuit Judge.

The sole question on this appeal is whether one Walter Kimberlern was acting in the scope of his employment as an agent of the appellees when he was involved in an automobile accident, resulting in injuries to the appellants.

The question is presented under undisputed facts to the effect that Kimberlern was employed by appellees as a ranch hand on an hourly basis. He lived about ten miles from the appellees' ranch and did not enter upon...

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