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GUMM v. NATIONAL HOMES ACCEPTANCE CORPORATION

No. 14436.

339 F.2d 993 (1965)

Donald R. GUMM and Katherine Gumm, d/b/a Mineral Springs Motel, Katharine Gumm and General Insurance Company of America, Plaintiffs-Appellants, v. NATIONAL HOMES ACCEPTANCE CORPORATION, a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 5, 1965.

Attorney(s) appearing for the Case

Lyle W. Allen, Heyl, Royster, Voelker & Allen, Peoria, Ill., for plaintiffs-appellants, James S. Brannon, Peoria, Ill., of counsel.

David A. Nicoll, Peoria, Ill., Stanton Babcock, Lafayette, Ind., Robert D. Jackson, Miller, Westervelt & Johnson, Peoria, Ill., Stuart, Branigan, Ricks & Schilling, Lafayette, Ind., for defendant-appellee.

Before DUFFY, KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

This is a diversity case in which plaintiffs are seeking damages for personal injury and property damage, with directed verdict for defendant on the ground that, assuming the negligence of defendant's employee caused the injury and damage, the negligence did not occur within the scope of his employment. We affirm the judgment on the verdict.

The facts are not controverted: Defendant's employee Derry set up business quarters in plaintiffs...

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