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ATKINSON v. JORY

No. 6635.

292 F.2d 169 (1961)

Frank W. ATKINSON and Henry C. Hitch, Appellants, v. Carol A. JORY and Deborah A. Hughes, Trustees; and David M. Hughes, Appellees.

United States Court of Appeals Tenth Circuit.

July 6, 1961.

Attorney(s) appearing for the Case

John E. Rees, Wichita, Kan. (Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, and Hugo T. Wedell and Homer V. Gooing, Wichita, Kan., of counsel, on the brief), for appellants.

Bruce W. Zuercher and Emmet A. Blaes (of Jochems, Sargent & Blaes), Wichita, Kan. (John E. Wheeler, Marion, Kan., on the brief), for appellees.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Plaintiffs appeal from an adverse and summary judgment entered by the District Court for the District of Kansas. By amended complaint alleging diversity jurisdiction, plaintiffs had sought recovery of $58,525.98 for the death and injury to certain cattle entrusted to defendants for pasturage. The complaint, in addition to supplementing jurisdictional claims with general assertions of negligence and damage, contains the following allegations:...

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