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SMITH v. CITIES SERVICE OIL COMPANY

Nos. 14667, 14668.

346 F.2d 349 (1965)

Jon R. SMITH, Plaintiff-Appellant, v. CITIES SERVICE OIL COMPANY, Defendant-Appellee. Michael SMITH, by Jon R. Smith, Next Friend, Plaintiff-Appellant, v. CITIES SERVICE OIL COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 21, 1965.

Attorney(s) appearing for the Case

Otto M. Bonahoom, David B. Keller, Fort Wayne, Ind., for appellant.

J. A. Bruggeman and William F. McNagny, Fort Wayne, Ind., for appellee.

Before CASTLE and SCHNACKENBERG, Circuit Judges, and MERCER, District Judge.

MERCER, District Judge.

Plaintiffs prosecute appeals in these companion cases to review orders of the court below granting judgments for defendant notwithstanding the verdicts of a jury for the plaintiffs.

On July 27, 1960, the plaintiff, in appeal 14667, Jon R. Smith, experienced car trouble while traveling with his family toward Battle Creek, Michigan. Among the occupants of the car was the plaintiff in appeal 14668...

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