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LOFTON v. AGEE

No. 16965.

303 F.2d 287 (1962)

Ray LOFTON, Appellant, v. Hattie J. AGEE, Appellee.

United States Court of Appeals Eighth Circuit.

June 5, 1962.

Attorney(s) appearing for the Case

Philip J. Willson, Council Bluffs, Iowa, made argument for appellant and Raymond A. Smith, John LeRoy Peterson, Council Bluffs, Iowa, were with him on the brief.

Robert M. Dippel, Council Bluffs, Iowa, and Chas. E. Kirchner, Omaha, Neb., made argument for appellee and filed brief.

Before SANBORN, BLACKMUN and RIDGE, Circuit Judges.

SANBORN, Circuit Judge.

Following the reversal by this Court (Agee v. Lofton, 287 F.2d 709) of a judgment in favor of the defendant, Lofton, this personal injury action, jurisdiction of which is based on diversity of citizenship, was retried before Judge Stephenson (who had not presided at the first trial) and a jury. The jury returned a verdict for $10,000 in favor of the plaintiff, Hattie J. Agee, upon which judgment was entered...

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