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EUSON v. STARRETT

Nos. 12754, 12755.

277 F.2d 73 (1960)

Mary EUSON, Administrator of the Estate of George M. Euson, Deceased, Plaintiff-Appellant v. Gerald H. STARRETT, Defendant-Appellee. Gerald H. STARRETT, a Minor, by John Starrett, His Father and Next Friend, Defendant-Appellant v. Mary EUSON, Administrator of the Estate of George M. Euson, Deceased, Plaintiff-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 11, 1960.

Attorney(s) appearing for the Case

James C. Wollrab, Bloomington, Ill., Earl S. Hodges, Springfield, Ill., for Euson.

Frederick H. Stone, Springfield, Ill., Richard W. Velde, Havana, Ill., Gillespie, Burke & Gillespie, Springfield, Ill., Louis F. Gillespie, George B. Gillespie, Springfield, Ill., of counsel, for Starrett.

Before DUFFY and CASTLE, Circuit Judges, and SWYGERT, District Judge.

SWYGERT, District Judge.

This is an action for wrongful death and property damage, based upon diversity jurisdiction, brought by plaintiff as administrator of her deceased husband's estate. The deceased, George M. Euson, was fatally injured in an automobile accident as was the passenger in his car. Defendant, the other driver, counterclaimed for damages because of bodily injuries received in the accident. These appeals deal with the granting of a new trial following...

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