WRIGHT v. HOOVER

No. 17366.

329 F.2d 72 (1964)

Alton R. WRIGHT, Special Administrator of the Estate of Tommy Lee Wright, Deceased, Appellant, v. Gailen D. HOOVER and Earl R. Hoover, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied April 7, 1964.


Attorney(s) appearing for the Case

Warren C. Schrempp and Richard J. Bruckner, of Schrempp, Lathrop & Rosenthal, Omaha, Neb., Lawyer, Lawyer & Ray, Des Moines, Iowa, and Schrempp, Lathrop & Rosenthal and Richard J. Bruckner, Omaha, Neb., on the brief, for appellant.

William P. Mueller, of McGinley, Lane, Mueller & Shanahan, Ogallala, Neb., for appellees.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.


MATTHES, Circuit Judge.

Plaintiff has appealed from an adverse judgment entered upon a jury verdict, in a wrongful death action. Jurisdiction is established by diversity of citizenship and the requisite amount in controversy.

Tommy Lee Wright, plaintiff's decedent, was two years and three months old on September 1, 1960, the date he died as the result of fatal injuries sustained in the automobile collision giving rise to this action. In their amended answer...

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