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RUDITIS v. GALLOP

No. 5-58 Civ. 3.

162 F.Supp. 270 (1958)

John Michael RUDITIS, a minor, formerly known as John Michael Lichaczewski, by C. G. Lindquist, his Guardian Ad Litem, Plaintiff, v. Sammy P. GALLOP and Pearl Gallop, copartners doing business as Karsbar Bar and Grill; Zelda Inn Grill, Inc., a corporation; Western Surety Company, a corporation; and St. Paul Mercury Indemnity Co., a corporation, Defendants.

United States District Court D. Minnesota, Fifth Division,

May 16, 1958.

Attorney(s) appearing for the Case

Thomas L. Hunt, Duluth, Minn., for plaintiff, Lathers, Hoag, Gruber & Edwards, Duluth, Minn., of counsel.

Reavill, Jenswold, Neimeyer & Johnson, by R. B. Reavill, Duluth, Minn., for defendants Sammy P. Gallop and Pearl Gallop, doing business as Karsbar Bar and Grill.

Lewis, Hammer, Heaney, Weyl & Halverson, by K. C. Weyl, Duluth, Minn., for defendant Zelda Inn Grill, Inc., as to plaintiff's first cause of action.

Bouschor & McNulty, Patrick J. McNulty, Duluth, Minn., for defendant Zelda Inn Grill, Inc., as to plaintiff's second cause of action; and for defendant St. Paul Mercury Indemnity Company.

Nye, Montague, Sullivan & McMillan, by James G. Nye, Jr., and Edward T. Fride, Duluth, Minn., for defendant Western Surety Co.

DONOVAN, District Judge.

This case comes before the court on separate motion for summary judgment by each of the defendants. Jurisdiction is based on diversity of citizenship and the amount in controversy.

The complaint alleges generally against all defendants the following material facts: On June 2, 1956, at about 1:25 a. m., an automobile owned by John Fedo and operated by his minor son, James C. Fedo, collided with a military vehicle described as a 90 millimeter...

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