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TAYLOR v. CIRINO

Nos. 15065, 15066.

321 F.2d 279 (1963)

Boyd F. TAYLOR, Ancillary Administrator of the Estate of Sherman E. Wires, Deceased, Plaintiff-Appellant, v. Rosalind CIRINO, Defendant-Appellee. Robert FLICK and Billy Franks, Plaintiffs-Appellants, v. Rosalind CIRINO, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

August 13, 1963.

Attorney(s) appearing for the Case

Robert L. Milby, London, Ky., for appellants, Hamm, Taylor & Milby, London, Ky., William P. O'Neil, William E. Cooper, Wallace F. Burroughs, Knoxville, Tenn., on the brief.

Herbert Sledd, Lexington, Ky., for appellee, Glenn H. Stephens, Williamsburg, Ky., Brown, Sledd & McCann, Lexington, Ky., on the brief.

Before CECIL, Chief Judge, WEICK, Circuit Judge, and McALLISTER, Senior Circuit Judge.

WEICK, Circuit Judge.

These two appeals are from orders of the District Court granting defendant's motions to dismiss made at the close of plaintiffs' evidence under Rule 41(b) of the Federal Rules of Civil Procedure.

The suits in the District Court were to recover damages for wrongful death, personal injuries, and to property arising out of a head-on collision between a tractor-trailer and an automobile proceeding in opposite direction on U. S. Highway No...

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