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GARDNER v. NATIONAL DAIRY PRODUCTS CORPORATION

No. 15441.

330 F.2d 507 (1964)

John Parker GARDNER, Plaintiff-Appellant, v. NATIONAL DAIRY PRODUCTS CORPORATION, a Corporation, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 18, 1964.

Attorney(s) appearing for the Case

Argued by Robert M. Odear, Lexington, Ky., Stoll, Keenon & Park, Lexington, Ky., Robert Ford, Jr., Owenton, Ky., on brief for appellant.

Argued by Richard Bush, Jr., Lexington, Ky., Harbison, Kessinger, Lisle & Bush, Lexington, Ky., on brief for appellee.

Before WEICK, Chief Judge, O'SULLIVAN, Circuit Judge, and McALLISTER, Senior Circuit Judge.

WEICK, Chief Judge.

This appeal is from an order of the District Court granting defendant's motion for summary judgment. The action was one to recover damages for personal injuries sustained by plaintiff arising out of a collision between his automobile and a truck alleged to have been operated by an employee of defendant named Charlie Moore. The grounds on which the District Judge granted summary judgment were that (1) Moore was an independent contractor and (2)...

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