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LUNDBERG v. ROSE FUEL & MATERIALS, INC.

No. 13521.

302 F.2d 825 (1962)

Evelyn LUNDBERG, Administratrix of the Estate of Stanley A. Lundberg, Deceased, Plaintiff-Appellant, v. ROSE FUEL & MATERIALS, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 23, 1962.

Attorney(s) appearing for the Case

Benjamin Piser, South Bend, Ind., George S. Keller, Niles, Mich., R. Kent Rowe, South Bend, Ind., for plaintiff-appellant.

James J. Stewart, Indianapolis, Ind., William E. Mills, South Bend, Ind., for defendant-appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KILEY, Circuit Judges.

KILEY, Circuit Judge.

This is a diversity wrongful death action based on a collision between defendant's tractor trailer and a passenger automobile driven by plaintiff's decedent. Verdict and judgment were for defendant, and plaintiff has appealed.

The collision occurred about 5:30 a. m. on State Road No. 219, a two-lane highway, south of its junction with State Road No. 20 near Osceola, Indiana. The tractor trailer was north bound in the east lane and decedent...

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