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GRAY v. NEW MEXICO MILITARY INSTITUTE

No. 5616.

249 F.2d 28 (1957)

Samuel F. GRAY, Jr., a minor, by Samuel F. Gray, Sr., his father and next friend, Appellant, v. The NEW MEXICO MILITARY INSTITUTE, The Fidelity and Casualty Company of New York, and Col. John Doe Ward, Appellees.

United States Court of Appeals Tenth Circuit.

October 11, 1957.

Attorney(s) appearing for the Case

R. F. Deacon Arledge, Albuquerque, N. M. (Charles Driscoll, Albuquerque, N. M., on the brief), for appellant.

Ross L. Malone and Paul A. Cooter, Roswell, N. M. (Atwood & Malone, Roswell, N. M., of counsel), for appellees.

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

BREITENSTEIN, Circuit Judge.

Appellant, Samuel F. Gray, Jr., a minor acting by his father and next friend, brought suit in the District Court of Bernalillo County, New Mexico, against the New Mexico Military Institute,1 the Fidelity and Casualty Company of New York2 and Col. John Doe Ward, for injuries which he, the plaintiff, allegedly received while a student at the Institute. The Insurance Company removed...

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