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RUSSELL v. NEW AMSTERDAM CASUALTY COMPANY

No. 17405.

325 F.2d 996 (1964)

Shirley M. RUSSELL, Appellant, v. NEW AMSTERDAM CASUALTY COMPANY and Consumers Public Power District, Appellees.

United States Court of Appeals Eighth Circuit.

January 6, 1964.

Attorney(s) appearing for the Case

Charles E. Kirchner, Omaha, Neb., James J. FitzGerald, Omaha, Neb., on the brief, for appellant.

John E. Dougherty, York, Neb., for appellee Consumers Public Power District.

No attorney for appellee New Amsterdam Casualty Co.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.

MATTHES, Circuit Judge.

For the second time this action for damages for the alleged wrongful death of James G. Russell, which occurred on July 26, 1958, is before us. The first appeal was focused principally upon the question whether the trial court had properly dismissed the cause of action on the ground that it was barred by the Nebraska two-year statute of limitations. We reversed and remanded, Judge Johnsen dissenting. Russell v. New Amsterdam Casualty Co.,

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