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KELDSEN v. BRIMMER

No. 2825

79 Wyo. 152 (1958)

331 P.2d 825

K.W. KELDSEN, ADMINISTRATOR OF THE ESTATE OF HOWARD MOST, JR., DECEASED, Appellant, (Defendant below) vs. WM. N. BRIMMER, ADMINISTRATOR OF THE ESTATE OF CLAUDE C. CAMPBELL, DECEASED Appellee, (Plaintiff below)

Supreme Court of Wyoming

November 18, 1958

Attorney(s) appearing for the Case

For the appellant, the cause was submitted upon the brief of Murane & Bostwick of Casper, Wyoming, and oral argument by Mr. Edward E. Murane.

For the appellee, the cause was submitted upon the brief of Sindell, Sindell, Bourne & Disbro of Cleveland, Ohio, Mr. William N. Brimmer of Rawlins, Wyoming, and Mr. J.P. Tonkoff of Yakima, Washington and oral argument by Mr. Brimmer and Mr. Richard M. Markus of Sindell, Sindell, Bourne & Disbro.

Heard before Blume, C.J. and Harnsberger and Parker, JJ.

OPINION

Mr. Justice HARNSBERGER delivered the opinion of the court.

A Luscombe 85 Horsepower Airplane on a flight from Jackson, Wyoming, to Laramie, Wyoming, crashed about the hour of 10:07 a.m. in a mountainous area of Wyoming at an elevation of approximately 9,200 feet above sea level. The accident resulted in the death of both the airplane's owner-pilot, whose estate is the defendant in this action, and the lone...

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