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DARTER v. GREINER

No. 6805.

301 F.2d 772 (1962)

D. E. DARTER and Frank Deavers, Appellants, v. Viola Alice GREINER, as Executrix of the Estate of Jacob L. Greiner, deceased; and Viola Alice Greiner, individually as surviving widow of Jacob L. Greiner, deceased; and State Farm Mutual Automobile Insurance Company, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 13, 1962.

Attorney(s) appearing for the Case

William W. Gilbert, Santa Fe, N. M. (Gilbert, White & Gilbert, Santa Fe, N. M., of counsel, were on the brief), for appellants.

David R. Gallagher and Eugene E. Klecan, Albuquerque, N. M. (McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, N. M., were on the brief with them), for appellees.

Before HUXMAN and LEWIS, Circuit Judges, and RICE, District Judge.

LEWIS, Circuit Judge.

After proper removal of this case from the state court to the United States District Court for the District of New Mexico this action continued as a cause brought under the New Mexico Wrongful Death Act. Trial to a jury resulted in the entry of judgment upon a verdict favoring plaintiffs, now appellees. We deem as dispositive of this appeal the question of whether the trial court properly submitted to...

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