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TRANSPORT INSURANCE COMPANY v. McALISTER

No. 38419.

355 P.2d 576 (1960)

TRANSPORT INSURANCE COMPANY, a corporation, Oklahoma Transportation Company, a corporation, and Curtis Heirston, an individual, Plaintiffs in Error, v. Max McALISTER, a minor suing by and through his mother and next friend, Betty Jane McAlister, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied September 13, 1960.

Second Petition for Rehearing Denied October 4, 1960.

Attorney(s) appearing for the Case

Robert J. Bell, Charles B. Tucker, McAlester, and Pierce, Mock, Duncan, Couch & Hendrickson, Oklahoma City, for plaintiffs in error.

Stipe, Gossett & Stipe, McAlester, and Cheek, Cheek & Cheek, Oklahoma City, for defendant in error.

BERRY, Justice.

The parties will either be referred to herein as they appeared in the trial court which is in reverse order to their appearance here, or by name.

In his petition filed herein, plaintiff alleged in substance that he was 3 years old; that the action was brought in his behalf by his mother and next friend, Betty Jane McAlister; that defendant, Transport Insurance Company, issued to defendant, Oklahoma...

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