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RUSSELL v. GONYER

No. 5411.

264 F.2d 761 (1959)

James H. RUSSELL et al., Defendants, Appellants, v. Helen GONYER, Administratrix, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

March 30, 1959.

Attorney(s) appearing for the Case

Franklin R. McKay, Attleboro, Mass., with whom John G. Carroll and Carroll & Dwyer, Providence, R. I., were on the brief, for appellants.

Walter J. Hennessey, Providence, R. I., with whom Albert Lisker and Milton Bernstein, Providence, R. I., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

Properly invoking the diversity jurisdiction conferred in Title 28 U.S.C. § 1332(a)(1), the plaintiff-appellee brought an action in the court below under the Rhode Island wrongful death act to recover damages for the death of her husband, which occurred when an automobile owned and operated by him and a tractor-trailer unit owned by the defendant-appellant, Russell, and operated by his employee, the defendant-appellant, Reynolds, collided at an intersection...

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