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SIMMONS v. LOLLAR

No. 6851.

304 F.2d 774 (1962)

John W. SIMMONS, Appellant, v. Davis LOLLAR, individually, and as Administrator of the Estate of Altus Lollar, deceased, Appellee.

United States Court of Appeals Tenth Circuit.

May 29, 1962.

Attorney(s) appearing for the Case

Duke Duvall, Oklahoma City, Okl., and Tal Oden, Altus, Okl. (Duvall, Head & West, Oklahoma City, Okl., and Oden & Oden, Altus, Okl., on the brief), for appellant.

Robert B. Harbison, Altus, Okl. (Arthur L. Cavanagh, Lawton, Okl., on the brief), for appellee.

Before LEWIS and HILL, Circuit Judges, and RITTER, District Judge.

HILL, Circuit Judge.

Davis Lollar, individually and as administrator of the estate of his deceased wife, Altus Lollar, brought this action in the United States District Court for the Western District of Oklahoma, against John W. Simmons Trucking, Inc., a corporation, and John W. Simmons, personally, to recover damages for injuries to, and the resulting death of, his wife. Three causes of action were stated in the amended complaint. In the first, the plaintiff alleged...

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