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FRANK v. RALSTON

No. 13070.

248 F.2d 541 (1957)

Darrell Wayne FRANK, an infant, and Leonard Ronald Frank, an infant suing by their father and next of friend, Charles Frank, Jr., Appellants, v. Elsworth Ewing RALSTON and Strietmann Biscuit Company, Appellees.

United States Court of Appeals Sixth Circuit.

October 23, 1957.

Attorney(s) appearing for the Case

James Levin, Louisville, Ky., Sidney Hanish, Ben Hanish, Morris Britt, Louisville, Ky., on brief; Hanish & Hanish, Louisville, Ky., of counsel, for appellants.

Fielden Woodward, Louisville, Ky., Woodward, Hobson & Fulton, Louisville, Ky., of counsel, for appellees.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the district court dismissing the appellants' complaint which sought damages for personal injuries. Federal jurisdiction was grounded upon diversity of citizenship, and the law of Kentucky is applicable. The complaint alleged that the appellees' automobile was parked in an unguarded public parking lot in Louisville, Kentucky, and left unattended and unlocked with the key in the ignition in violation of a Kentucky statute...

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