CAMPBELL v. CLARK

No. 6169.

271 F.2d 578 (1959)

Allan D. CAMPBELL, Appellant, v. Mandy Lea CLARK, Appellee.

United States Court of Appeals Tenth Circuit.

October 30, 1959.


Attorney(s) appearing for the Case

Francis A. McLane, Omaha, Neb., and William H. Stowell, Phillipsburg, for appellant.

Malcolm Miller, Wichita, Kan. (George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris and Gerald Sawatzky, Wichita, Kan., were with him on the brief), for appellee.

Before BRATTON, PICKETT and LEWIS, Circuit Judges.


LEWIS, Circuit Judge.

Appellant was plaintiff below in a personal injury damage suit arising from an automobile truck collision involving both plaintiff and defendant as drivers. This appeal is from a judgment of no cause of action entered upon a jury verdict in the District of Kansas and presents the single question of whether or not the trial court erred in denying plaintiff's timely motion for new trial. The rule governing appellate review in such case is clear...

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