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BORN v. OSENDORF

No. 17433.

329 F.2d 669 (1964)

James BORN, Appellant, v. Al OSENDORF and Robert J. Osendorf, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied April 28, 1964.

Attorney(s) appearing for the Case

Richard H. Battey, Redfield, S. D., Raymond A. Gallagher, Redfield, S. D., and L. E. Greenwood and Hilbert Swanson, Dickinson, N. D., for appellant.

Theodore Kellogg, of Mackoff, Kellogg, Muggli & Kirby, Dickinson, N. D., for appellees.

Before VOGEL, MATTHES and BLACKMUN, Circuit Judges.

MATTHES, Circuit Judge.

James Born, appellant, plaintiff below and so designated here, sustained injuries in a collision between his tractor-trailer and appellees-defendants' farm truck, for which a jury awarded plaintiff $16,000. However, the trial court sustained defendants' motion n. o. v. and entered judgment dismissing plaintiff's cause of action.1 Plaintiff has appealed.

This being a diversity case, the substantive law of...

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