SUNDAY v. BURK

Civ. A. No. 772.

172 F.Supp. 722 (1959)

Merry SUNDAY, Plaintiff, v. Carl J. BURK and Frank Phillips Produce Co., a corporation, Defendants, Counter-Claimants and Third Party Plaintiffs (Merry Sunday, Counter-Defendant, E. R. Franks, Counter-Defendant, Third Party Defendant, and Counter-Claimant, Essie B. Franks and Traders and General Insurance Company, Intervenors, Midway Trailer Manufacturing Co., Intervenor).

United States District Court W. D. Arkansas, Hot Springs Division.

May 5, 1959.


Attorney(s) appearing for the Case

Wendell Epperson, Malvern, Ark., for Merry Sunday.

James C. Cole, Malvern, Ark., Louis Tarlowski, Little Rock, Ark., for Carl J. Burk and Frank Phillips Produce Co.

James H. Campbell, Houston, Tex., for E. R. Franks.

Charles A. Wade, Little Rock, Ark., for Midway Trailer Mfg. Co., Gannaway & Gannaway, Little Rock, Ark., for Essie B. Franks and Traders and Gen. Ins. Co.


JOHN E. MILLER, Chief Judge.

Statement

The complaint herein was originally filed January 9, 1959, by Merry Sunday in the Circuit Court for Hot Spring County, Arkansas, against the defendants, Carl J. Burk and Frank Phillips Produce Company, hereafter referred to as Burk and Phillips. The complaint alleged that Burk was an employee of Phillips, and in the course of his employment drove a Phillips tractor-trailer into an automobile in which Merry Sunday was...

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