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SHERMAN v. LAWLESS

No. 16789.

298 F.2d 899 (1962)

Andrew D. SHERMAN, Appellant, v. Violet Jean LAWLESS, Administratrix of the Estate of James L. Lawless, Deceased, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 6, 1962.

Attorney(s) appearing for the Case

L. J. Tierney, Omaha, Neb., for appellant and was on the brief.

George B. Boland, Omaha, Neb., for appellee and Clarence R. Sowers, Wichita, Kan., Richard L. DeBacker, Grand Island, Neb., and A. Lee Bloomingdale, Omaha, Neb., were with him on the brief.

Before SANBORN and VAN OOSTERHOUT, Circuit Judges, and GRAVEN, Senior District Judge.

VAN OOSTERHOUT, Circuit Judge.

Defendant appeals from final judgment entered against him in plaintiff's wrongful death action tried to the court without a jury. Plaintiff, Violet Jean Lawless as Administratrix of the Estate of James L. Lawless, Deceased, brought this action to recover for the wrongful death of James L. Lawless, alleged to have been proximately caused by the negligence of the defendant in the operation of his truck and trailer at a point on U. S. Highway...

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