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SLATER v. STOFFEL

Nos. 13812, 13813.

313 F.2d 175 (1963)

George SLATER, Plaintiff-Appellee, v. Mark E. STOFFEL, Administrator of the Estate of Bernard J. Stoffel, deceased, and The Community State Bank, Huntington, Indiana, Administrator of the Estate of Donald H. Stoffel, deceased, Defendants-Appellants. Robert SLATER, by George Slater, his Father, as Next Friend, Plaintiff-Appellee, v. Mark E. STOFFEL, Administrator of the Estate of Bernard J. Stoffel, deceased, and The Community State Bank, Huntington, Indiana, Administrator of the Estate of Donald H. Stoffel, deceased, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 6, 1963.

Attorney(s) appearing for the Case

Thomas W. Yoder, Campbell, Livingston, Dildine & Haynie, Fort Wayne, Ind., for defendants-appellants.

J. Michael O'Hara, J. J. Brueggman, of Barrett, Barrett & McNagny, Fort Wayne, Ind., for plaintiff-appellee George Slater.

Before DUFFY, CASTLE and KILEY, Circuit Judges.

DUFFY, Circuit Judge.

On June 6, 1959, an automobile collision occurred on a public highway in Huntington County, Indiana. One of the motor vehicles involved was driven by George Slater, a resident of the State of Georgia. His son, Robert Slater, was, at said time and place, a passenger in the Slater automobile.

The other motor vehicle involved in the collision was operated by either Bernard J. Stoffel or Donald H. Stoffel, both of whom were killed in the...

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