MILLER v. BRAZEL

No. 6748.

300 F.2d 283 (1962)

James E. MILLER, Betty Miller, and Janet Miller, Linda Kay Miller, and James E. Miller, Jr., all minor children by their father and next friend, James E. Miller, Appellants, v. David Howard BRAZEL, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 15, 1962.


Attorney(s) appearing for the Case

Kenneth N. Kripke, Denver, Colo. (James A. Sweeney, Lakewood, Colo., on the brief), for appellants.

Paul C. Brown, Denver, Colo. (Wayne D. Williams and Howard E. Erickson, Denver, Colo., on the brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.


HILL, Circuit Judge.

The appeal is from a judgment entered after a jury verdict and from an order denying Motion for Judgment Notwithstanding The Verdict and Motion For New Trial.

The appellants, James E. Miller and Betty Miller, are husband and wife, the other three named appellants are their minor children. All were plaintiffs below and appellee Brazel was defendant below. In this opinion, the parties will be referred to as plaintiff and defendant or as...

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