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WALKER v. DEAN

No. 7515.

333 F.2d 753 (1964)

Muriel WALKER and Karla Walker by her natural mother and next friend, Muriel Walker, Appellants, v. B. W. DEAN, Appellee.

United States Court of Appeals Tenth Circuit.

June 29, 1964.

Attorney(s) appearing for the Case

Fred Vieux, Augusta, Kan. (Earl Youree, Wagoner, Okl., and Morris Moon, Augusta, Kan., with him on the brief), for appellants.

Robert T. Cornwell, Wichita, Kan. (Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, and Hugo T. Wedell and Homer V. Gooing, Wichita, Kan., of counsel, with him on the brief), for appellee.

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

LEWIS, Circuit Judge.

This appeal follows entry of judgment upon a jury verdict denying recovery to appellants for damages resulting from personal injuries suffered in an automobile accident occurring upon a Kansas open highway. Claim is made that the evidence was insufficient to support the submission of the issue of contributory negligence to the jury and that the court erred in other regards in its instructions.

Appellants are the wife and eleven-year-old...

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