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SMITH v. KINCAID

Nos. 13130-13134.

249 F.2d 243 (1957)

Don Ellsworth SMITH, Appellant, v. Leona KINCAID. SMITH v. Albert J. REECE. SMITH v. Nettie S. RICHARDSON. SMITH v. Carl EPLING. SMITH v. Ernest REED, a minor, by his mother, Mrs. Lawson Reed, as next friend, Appellee.

United States Court of Appeals Sixth Circuit.

November 12, 1957.

Attorney(s) appearing for the Case

Frank Seth Hurd, Cleveland, Ohio, Louis Paisley (of McConnell, Blackmore, Cory, Burke & Kundtz), Cleveland, Ohio, on brief, for appellant.

Frank Leonetti, Cleveland, Ohio, for appellees.

Before MARTIN, MILLER and STEWART, Circuit Judges.

SHACKELFORD MILLER, Circuit Judge.

The appellees filed their respective separate actions in the District Court on June 1, 1954, to recover damages for personal injuries incurred in an automobile accident alleged to have been caused by the negligent operation of motor vehicles at the time by the appellant and one William Henry. Service of summons was not made upon Henry. On July 6, 1954, the Marshal made a return on the summons directed against appellant stating that...

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