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STANFORD v. UTLEY

No. 17520.

341 F.2d 265 (1965)

John Thomas STANFORD, Appellant, v. Everett UTLEY, d/b/a Utley Trucking Company and E. C. Hood, Appellees.

United States Court of Appeals Eighth Circuit.

February 15, 1965.

Attorney(s) appearing for the Case

George T. McClintock of Barnett, Montgomery, McClintock & Cunningham, Jackson, Miss., Jack L. Oliver and Allen L. Oliver of Oliver & Oliver, Cape Girardeau, Mo., and Henley & Fowlkes, Caruthersville, Mo., filed brief for appellant.

Ward & Reeves, Caruthersville, Mo., filed brief for appellee.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

BLACKMUN, Circuit Judge.

In November 1952 plaintiff Stanford instituted a diversity suit against defendants Utley and Hood in the United States District Court for the Southern District of Mississippi. He sought damages for personal injuries to himself and for the wrongful deaths of his wife and minor son in a Mississippi motor vehicle accident. The defendants interposed an answer. Thereafter, upon advice from the defendants' attorneys to plaintiff's counsel that the...

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