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SYPHERD v. HAECKL'S EXPRESS, INC.

No. 15727.

341 F.2d 65 (1965)

Harry J. SYPHERD, Administrator of the Estate of Dale L. Sypherd, deceased, Plaintiff-Appellee, v. HAECKL'S EXPRESS, INC., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

February 9, 1965.

Attorney(s) appearing for the Case

Clifford R. Curtner, Dayton, Ohio, for appellant, Curtner, Selva, Parkin & Seller, Dayton, Ohio, on the brief.

Samuel A. McCray, Dayton, Ohio, for appellee, Smith & Schnacke, Dayton, Ohio, on the brief.

Before CECIL, PHILLIPS and EDWARDS, Circuit Judges.

HARRY PHILLIPS, Circuit Judge.

This case grows out of a traffic accident on Highway U. S. 40 between Dayton, Ohio, and Richmond, Indiana, on March 3, 1962, resulting in the death of Dale Sypherd, a twenty-one year old lieutenant in the U. S. Air Force. Three vehicles were involved: A Corvette operated by the decedent, Sypherd; a tractor-trailer owned by Haeckl's Express, Inc., defendant-appellant; and a Volkswagen owned and operated by defendant Abbott, who was accompanied...

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