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MILES & SONS TRUCKING SERVICE v. McMURTREY

No. 7664.

341 F.2d 9 (1965)

MILES & SONS TRUCKING SERVICE, a corporation, Appellant, v. Maurine H. McMURTREY, Betty Rae McMurtrey and Jlene McMurtrey, by and through Maurine H. McMurtrey, her guardian ad litem, and George M. Brewster & Sons, Inc., a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

January 21, 1965.

Attorney(s) appearing for the Case

Rex J. Hanson, Salt Lake City, Utah (Ernest F. Baldwin, Jr., Salt Lake City, Utah, on the brief), for appellant.

Frank J. Allen, Salt Lake City, Utah (Walter G. Mann, Brigham City, Utah, on the brief), for appellees.

Before LEWIS, BREITENSTEIN, and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this motor vehicle collision case federal jurisdiction rests on diversity. The three McMurtreys, appellees-plaintiffs, as survivors of J. C. McMurtrey sued appellant-defendant Miles & Sons Trucking Service (Miles) to recover for his death. Miles joined appellee George M. Brewster & Sons (Brewster) as a defendant and claimed damages to the Miles vehicle. Brewster cross-claimed against...

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