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OTIS ELEVATOR COMPANY v. YAGER

No. 16089.

268 F.2d 137 (1959)

OTIS ELEVATOR COMPANY, a Corporation, Appellant, v. Dorothy YAGER, Trustee of the Estate of Harry Yager, Decedent, Appellee.

United States Court of Appeals Eighth Circuit.

June 29, 1959.

Attorney(s) appearing for the Case

William P. O'Brien, St. Paul, Minn. (Cummins, Cummins, Hammond & Ames, St. Paul, Minn., on the brief), for appellant.

Michael A. Kampmeyer, St. Paul, Minn. (Harry S. Stearns, Jr., and Stearns & Kampmeyer, St. Paul, Minn., on the brief), for appellee.

Before GARDNER, Chief Judge, and JOHNSEN and VOGEL, Circuit Judges.

GARDNER, Chief Judge.

This action was brought by appellee as trustee of her deceased husband's estate to recover damages for his death by wrongful act of appellant. In the course of this opinion appellee will be referred to as plaintiff and appellant as defendant. In her complaint, plaintiff charges:

"VI. That sometime prior to the 29th day of October, 1956, defendant sold and installed a certain elevator system...

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