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DANIELS v. COOK BROADCASTING COMPANY

No. 8408.

357 F.2d 649 (1966)

Edgar L. DANIELS, Appellant, v. COOK BROADCASTING COMPANY, Appellee, KFRM, INC., Third-Party Defendant.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 18, 1966.

Attorney(s) appearing for the Case

R. Bowland Ritchie, Wichita, Kan., for appellant.

Robert T. Cornwell, Wichita, Kan., and William B. Stokes, Salina, Kan. (Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, John Prather, Hugo T. Wedell and Homer V. Gooing, Wichita, Kan., on the brief), for appellee.

Before LEWIS and BREITENSTEIN, Circuit Judges, and CHRISTENSEN, District Judge.

CHRISTENSEN, District Judge.

In this damage suit for personal injuries, properly removed from the state court by reason of diversity of citizenship and the amount in controversy, the trial court, sitting without a jury, found against plaintiff-appellant on the issues of defendant's negligence and plaintiff's contributory negligence. The sole question here is the sufficiency of the evidence to sustain these findings.

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