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SNIDER v. CALLAHAN

Civ. A. No. 15364-3.

250 F.Supp. 1022 (1966)

William SNIDER, Plaintiff, v. Dennis CALLAHAN, Jr., Defendant.

United States District Court W. D. Missouri, W. D.

January 19, 1966.

Attorney(s) appearing for the Case

Tucker, Murphy, Wilson, Lane & Kelly, by Paul Scott Kelly, Jr., Kansas City, Mo., for plaintiff.

Sheridan, Baty Markey, Sanders, Edwards & Carr, by John L. Sheridan, Kansas City, Mo., for defendant.

BECKER, Chief Judge.

In this case plaintiff seeks to avoid a finding of contributory negligence on the grounds stated in its reply "that the plaintiff suffers from a mental deficiency and is not capable of exercising the same degree of care as a normal adult person." The defendant moves to strike this portion of the reply stating in part as follows:

"* * * under that law of Missouri which governs the substantive rights of the parties herein, the plaintiff...

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