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ELLIFRITS v. SWEETS

No. 13061-4.

216 F.Supp. 208 (1963)

Fontella ELLIFRITS, Plaintiff, v. Sandy Thomas SWEETS, Defendant, Michigan Mutual Liability Company, a corporation, Intervening Plaintiff, and William C. Bland, Intervenor.

United States District Court W. D. Missouri, W. D.

Supplemental Opinion April 8, 1963.

Attorney(s) appearing for the Case

Bland & Newberry, Springfield, Mo., Shook, Hardy, Ottman, Mitchell & Bacon, by William W. Shinn and David H. Clark, Kansas City, Mo., for plaintiff.

Sprinkle, Carter, Sprinkle & Larson, Kansas City, Mo., for defendant.

Leo Gotschall, Joseph B. Bott, Kansas City, Mo., for intervening plaintiff, Michigan Mut. Liability Co.

BECKER, District Judge.

This case was begun as a simple suit for damages under the Missouri Wrongful Death Act, section 537.080, RSMo 1959, V.A.M.S. The plaintiff was a widow of a deceased employee covered by workmen's compensation insurance issued by the intervenor, Michigan Mutual Liability Company (hereinafter referred to as "Michigan Mutual"). The suit was against a third party tort feasor and motor vehicle operator, the defendant Sweets, whose financial responsibility...

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