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HUTCHINSON v. FOUTS

Nos. 17900, 17901.

349 F.2d 946 (1965)

Leslie J. HUTCHINSON, Appellant, v. Raymond Chris FOUTS, Administrator with Will annexed of the Estate of Doris (Cozad) Lorraine Fouts, Deceased, Appellee. Leslie J. HUTCHINSON, Appellant, v. Raymond Chris FOUTS, Administrator of the Estate of Nancy Fouts, Deceased, Appellee.

United States Court of Appeals Eighth Circuit.

August 24, 1965.

Attorney(s) appearing for the Case

Robert G. Fraser, of Fraser, Stryker, Marshall & Veach, Omaha, Neb., made argument for appellant and filed brief with Thomas Marshall and James A. Buckley, Omaha, Neb.

Donald P. Lay, of Eisenstatt, Lay, Higgins & Miller, Omaha, Neb., made argument for appellee and filed brief with Walter H. Smith, of Smith & Lebens, Plattsmouth, Neb.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.

VOGEL, Circuit Judge.

These two diversity cases arose out of a tragic automobile accident occurring on March 16, 1962, about 1:30 p. m. on U. S. Highway 75-73-34 some seven miles south of Plattsmouth, Nebraska. In the accident a 1961 Comet station wagon, driven by Doris Fouts, collided with the rear of appellant's 1960 International two-ton tank wagon truck. Mrs. Fouts and her daughter Nancy, a passenger in the front seat, were killed. Actions for both deaths on behalf...

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