LEE WAY MOTOR FREIGHT v. YELLOW TRANSIT FR. LINES

No. 5609.

251 F.2d 97 (1957)

LEE WAY MOTOR FREIGHT, Inc., Appellant, v. YELLOW TRANSIT FREIGHT LINES, Inc., Appellee.

United States Court of Appeals Tenth Circuit.

December 10, 1957.


Attorney(s) appearing for the Case

Duke Duvall, Oklahoma City, Okl. (Duvall & Head, Oklahoma City, Okl., on the brief), for appellant.

Clayton B. Pierce, Oklahoma City, Okl. (Pierce, Mock & Duncan, Oklahoma City, Okl., on the brief), for appellee.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.


PICKETT, Circuit Judge.

The plaintiff, a self-insured employer under the Oklahoma Workmen's Compensation Act, brought this action to recover the amount of death benefits that it was required to pay the dependents of an employee who was killed in the course of his employment, by the sole negligence of the defendant. This is an appeal from a judgment in favor of the defendant.

The facts are not in dispute. The defendant paid $33,000 to the Administratrix of...

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