McCOLLAR v. EULER

Nos. 6427-6433.

286 F.2d 327 (1960)

Robert L. McCOLLAR, Administrator of the Estate of Harry E. McCollar, a/k/a Harry Edward McCollar, Appellant, v. William C. EULER and Elco Metal Products Corporation, a corporation, Appellees. Jack WALLER, Jr., a minor, by his guardian Robert Lewis McCollar, Appellant, v. William C. EULER and Elco Metal Products Corporation, a corporation, Appellees. Nancy Lee WALLER, a minor, by her guardian Robert Lewis McCollar, Appellant, v. William C. EULER and Elco Metal Products Corporation, a corporation, Appellees. Pamela Lou WALLER, a minor, by her guardian, Robert Lewis McCollar, Appellant, v. William C. EULER and Elco Metal Products Corporation, a corporation, Appellees. Robert L. McCOLLAR, Administrator of the Estate of Jack Waller, deceased, Appellant, v. William C. EULER and Elco Metal Products Corporation, a corporation, Appellees. Robert L. McCOLLAR, Administrator of the Estate of Peggy Lou Waller, deceased, Appellant, v. William C. EULER and Elco Metal Products Corporation, a corporation, Appellees. Robert L. McCOLLAR, Administrator of the Estate of Carol Ann Waller, deceased, Appellant, v. William C. EULER and Elco Metal Products Corporation, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

December 15, 1960.


Attorney(s) appearing for the Case

John R. Wall, Pueblo, Colo. (Daniel W. Caldwell, Springer, N. M., was with him on brief), for appellants.

George T. Harris of Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M. (McKenna & Sommer, Santa Fe, N. M., were with him on brief), for appellee.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and RICE, District Judge.


MURRAH, Chief Judge.

These consolidated appeals are from separate summary judgments in diversity suits arising out of an automobile accident in New Mexico. Each of the negligence suits is against the defendant William Euler and his employer, Elco Metal Products Corporation, as appellees. For purposes of these appeals, only one representative complaint is produced for the record. It alleges in substance that the plaintiff-appellants'-decedent was fatally injured when...

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