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CONSOLIDATED GAS & EQUIPMENT CO. OF AMERICA v. CARVER

No. 5700.

257 F.2d 111 (1958)

CONSOLIDATED GAS & EQUIPMENT COMPANY OF AMERICA, Appellant, v. Clarence F. CARVER and La Junta Equipment Company, Appellees.

United States Court of Appeals Tenth Circuit.

June 30, 1958.

Attorney(s) appearing for the Case

Duke Duvall, Oklahoma City, Okl., and Joseph N. Lilly, Denver, Colo. (V. G. Seavy, Jr., Denver, Colo., and Duvall & Head, Oklahoma City, Okl., on the brief), for appellant.

Raymond J. Connell, Denver, Colo., and Lawrence Thulemeyer, La Junta, Colo. (Yegge, Bates, Hall & Shulenberg, Denver, Colo., and Thulemeyer & Stewart, La Junta, Colo., on the brief), for appellee, Clarence F. Carver.

John P. Beck, Denver, Colo., for appellee, La Junta Equipment Co.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

BRATTON, Chief Judge.

Clarence F. Carver instituted this action against Consolidated Gas & Equipment Company of America and La Junta Equipment Company, sometimes hereinafter referred to as Consolidated and Equipment, respectively, to recover damages for personal injuries and for medical and hospital expenses in the total amount of $34,840. The cause of action pleaded in the amended complaint was that at the time of the accident resulting in the injuries, plaintiff...

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