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LUX ART VAN SERVICE, INC. v. POLLARD

No. 19397.

344 F.2d 883 (1965)

LUX ART VAN SERVICE, INC., a California Corporation, Appellant, v. Art POLLARD, Appellee.

United States Court of Appeals Ninth Circuit.

April 20, 1965.

Attorney(s) appearing for the Case

James Richmond, Chandler, Tullar, Udall & Richmond, Tucson, Ariz., for appellant.

Burt Haberman, Johnson, Darrow, D'Antonio, Hayes & Morales, Tucson, Ariz., for appellee.

Before JERTBERG, KOELSCH and BROWNING, Circuit Judges.

KOELSCH, Circuit Judge.

This is a diversity case, commenced and prosecuted in the United States District Court by Art Pollard against Lux Art Van Service, Inc., (Lux) to recover damages for the death of his horse "Chinchilla" which occurred during shipment by Lux. Trial to the court, sitting without a jury, resulted in judgment for Pollard in the amount of $25,000. Lux has appealed.

Pollard raises quarter horses for racing.1 His...

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