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DAUGAARD v. HAWKEYE SECURITY INSURANCE COMPANY

No. 15554.

239 F.2d 351 (1956)

John R. DAUGAARD, a Minor, by Howard W. Daugaard, his Guardian, Appellant, v. HAWKEYE SECURITY INSURANCE COMPANY, a corporation, and Wolverine Insurance Company, a corporation, Appellees.

United States Court of Appeals Eighth Circuit.

December 17, 1956.

Attorney(s) appearing for the Case

James R. Adams, Sioux Falls, S. D. (Holton Davenport and Ellsworth E. Evans, Sioux Falls, S. D., were on the brief), for appellant.

Gale B. Braithwaite, Sioux Falls, S. D. (J. W. Cadwell and Richard B. Braithwaite, Sioux Falls, S. D., were with him on the brief), for appellee, Hawkeye Security Ins. Co.

H. L. Fuller, Sioux Falls, S. D. (M. T. Woods, J. B. Shultz and F. M. Smith, Sioux Falls, S. D., were with him on the brief), for appellee, Wolverine Ins. Co.

Before SANBORN, JOHNSEN and WHITTAKER, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment dismissing the complaint of the plaintiff (appellant) in a nonjury action of which the District Court had jurisdiction because of diversity of citizenship and amount in controversy.

The case was submitted to the trial court upon an agreed statement of facts and some supplemental evidence. The plaintiff, a minor, was injured on April 3, 1952, when the automobile in which he was riding collided with an...

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